HomeMy WebLinkAboutC2010-105 - 1/12/2010 - Approved2010-105
M2010-005
01/12/10
' - Malek, Inc.
S P E C I A L P R O V I S I O N S
S P E C I F I C A T I O N S
A N D
F O R M S O F C O N T R A C T S A N D B O N D S
F O R
.MUSEUM OF SCIENCE AND HISTORY
HVAC/AIR HANDLING UNIT/CHILLER/GENERATOR AND
FIRE/SECURITY REPAIRS AND/OR REPLACEMENT
PROJECT NO. 4378
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BR1/~1f11 `, ~~~~. '.~ Corpus .Christi, Texas 78911 ~JOBE g.'141AR71HEZ JR.~•
..~.... ........ ...> 9 Phone: 361/992-228.4 ».. .... ....~
' •~~~ ..tax: 36i /992-2287 ` 89365 >,'kC-'i
~~~®, ~ ~~J~~ 0 ~4~°® A Texas Registered 70 •.~~ ~p.•j~;ir
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DEPARTMENT !}[' ENGICdEERiNG .SERVICES
CITY OE COF,PUS CHRISTI, TEXAS
Phone: 361/"080-3500
E'ax: 361i$80-3501
PROJECT N0: 43?8 ~1
DRAWING NU: PBG-750~~
(Revised 7/5/00)
MUSEUM OF SCIENCE AND HISTORY
HVAC/AIR HANDLING UNIT/CHILLER/GENERATOR AND FIRE/SECURITY
REPAIRS AND/OR REPLACEMENT PROJECT NO. 4378
Table of Contents
NOTICE TO BIDDERS {Revised 7/5/00}
NOTICE TO CONTRACTORS - A (Revised March 2009)
Insurance Requirements
NOTICE TO CONTRACTORS - B {Revised 7/5/00)
Workers Compensation Coverage For Building or Construction
Projects For Government Entities
PART A - SPECIAL PROVISIONS
A-1 Time and Place of Receiving Proposals/Pre-Bid Meeting
A-2 Definitions and Abbreviations
A-3 Description of Project
A-4 Method of Award
A-5 Items to be Submitted with Proposal
A-6 Time of Completion/Liquidated Damages
A-7 workers Compensation Insurance Coverage
A-8 Faxed Proposals
A-9 Acknowledgment of Addenda
A-10 Wage Rates (Revised 7/5/00)
A-11 Cooperation with Public Agencies (Revised 7/5/00)
A-12 Maintenance of Services
A-13 Area Access and Traffic Control
A-14 Construction Equipment Spillage and Tracking
A-15 Excavation and Removals
A-16 Disposal/Salvage of Materials
zz l~ zr're.~cQ~tz s c c (NOT USED )
A-18 Schedule and Sequence of Construction
r ~ ~ ~ +- ~+~^ {NOT USED)
A-20 Testing and Certification
~} 2} {NOT USED}
A-22 Minority/Minority Business Enterprise Participation Policy (Revised 10/98)
A-23 Inspection Required (Revised 7/5/00)
A-24 Surety Bonds
T ~S CM,=: T=:- ~'~-a..,,.,~:..~ (NO LONGER APPLICABLE) (6/11/98} {NOT. USED)
_ r --___
A-26 Supplemental Insurance Requirements
A-27 Responsibility for Damage Claims
A-28 Considerations for Contract Award and Execution
A-29 Contractor's Field Administration Staff
A-30 Amended "Consideration of Contract" Requirements
A-31 Amended Policy on Extra Work and Change Orders
A-32 Amended "Execution of Contract" Requirements
A-33 Conditions of Work
A-34 Precedence of Contract Documents
n 35 E~~~F~~~c~ L'^ ''+'° ° -~ °"" ~'-S (NOT USED)
A-36 Other Submittals {Revised°9/18/00)
r _ {NOT USED}
A-38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
A-39 Certificate of Occupancy and Final Acceptance
A-40 Amendment to Section B-8-6: Partial Estimates
n ^r4-~terte`_a^___r, (NOT USED)
A-42 OSHA Rules & Regulations
A-43 Amended Indemnification & Hold Harmless (9/98)
A-44 Change Orders (4/26199)
A-45 As-Built Dimensions and Drawings (7/5/00)
n-"s~r , c v ~ t.., nt.,, ,. .,i- a ~:_..~ r~ ~~ ~~n~ (NOT USED}
r ~ ~
ar-r n ^r n n .- (NOT USED)
A-48 Overhead Electrical~Wires (~/5/00)
A-49 Amend "Maintenance Guaranty" (8/24/00)
A-50 Amend Prosecution and Progress
PART B - GENERAL PROVISIONS
PART C - FEDERAL WAGE RATES AND REQUIREMENTS
PART S - STANDARD SPECIFICATIONS
Division 1
SECTION 01100 - SUMMARY OF WORK
SECTION 01101 - EQUIPMENT DOCUMENT REQUIREMENTS
SECTION 01200 - PROJECT COORDINATION
SECTION 01300 - SUBMITTAL PROCEDURES
SECTION 01550 - CUTTING, PATCHING AND DEMOLITION WORK
SECTION 01600 - MATERIAL AND EQUIPMENT
SECTION 01700 - CONTRACT CLOSEOUT
PART T - TECHNICAL SPECIFICATIONS
Division 8
SECTION 08110 - STEEL DOORS AND FRAMES
SECTION 08350 - SLIDING AUTOMATIC ENTRANCES
SECTION 08710 - DOOR HARDWARE
SECTION 09260 - GYPSUM BOARD SYSTEMS
SECTION 09900 - PAINTING
Division 15
SECTION 15010 - BASIC MATERIP_LS AND METHODS
SECTION 15060 - MECHANICAL DEMOLITION FOR REMODELING
SECTION 15140 - SUPPORTS AND ANCHORS
SECTION 15190 - MECHANICAL IDENTIFICATION
SECTION 15242 - VIBRATION ISOLATION
SECTION 15260 - MECHANICAL INSULATION
SECTION 15510 - HYDRONIC PIPING
SECTION 15720 - AIR HANDLING UNITS
SECTION 15830 - AIR DEVICES
SECTION 15890 - DUCTWORK AND DUCTWORK ACCESSORIES
SECTION 15940 - TESTING
SECTION 15950 - DIRECT DIGITAL CONTROLS
SECTION 15990 - TESTING, ADJUSTING, AND BALANCING
Division 16
SECTION 16010 ELECTRICAL GENERAL REQUIREMENTS
SECTION 1620Q ELECTRICAL DEMOLITION
SECTION 16402 ELECTRICAL WIRING SYSTEMS
SECTION 16443 MOTOR CONTROL CENTER
SECTION 16470 PANELBOARDS
SECTION 16496 NON-AUTOMATIC TRANSFER SWITCHES - LOW VOLTAGE
LIST OF DRAWINGS
1 G1 LOCATION PLAN & DRAWING INDEX
2 D1 ROOF DEMOLITION PLAN
3 D2 NORTH WING DEMOLITION PLAN
4 D3 CENTER ADDITION DEMOLITION PLAN
5 D4 SOUTH WING DEMOLITION PLAN
6 D5 MECHANICAL BUILDING DEMOLITION PLAN
7 D6 MECHANICAL PIPING DEMOLITION PLAN
8 Al MAIN ENTRANCE MODIFICATIONS
9 A2 AUTOMATIC DOOR DETAILS
10 A3 CARPENTRY SHOP MODIFICATIONS
11 M1 ROOF MECHANICAL PLAN
12 M2 NORTH WING MECHANICAL PLAN
13 M3 CENTER ADDITION MECHANICAL PLAN
14 M4 SOUTH WING MECHANICAL PLAN
15 M5 MECHANICAL PIPING ENLARGED PLAN
16 M6 VAV PIPING PLAN
17 M7 CARPENTRY SHOP MECHANICAL PLAN
18 M8 MECHANICAL DETAILS
19 M9 MECHANICAL SCHEDULES
20 M10 CONTROL SCHEMATICS
21 E1 NORTH WING ELECTRICAL PLAN
22 E2 CENTER ADDITION ELECTRICAL PLAN
23 E3 SOUTH WING ELECTRICAL PLAN
24 E4 CARD ACCESS ENTRY LOCATIONS
25 E5 MECHANICAL BUILDING ELECTRICAL DEMOLITION PLAN
26 E6 MECHANICAL BUILDING NEW ELECTRICAL PLAN
27 E7 MECHANICAL BUILDING EXISTING ELEVATIONS
28 E8 MECHANICAL BUILDING NEW ELEVATIONS
29 E9 ELECTRICAL EXISTING ONE-LINE DIAGRAM
30 E10 ELECTRICAL NEW ONE-LINE DIAGRAM
31 E11 ACCESS CONTROL SYSTEM BLOCK DIAGRAM
NOTICE
AGRSFMENT
PROPOSAL/DISCLOSURE STATEMENT
PERFORMANCE BOND
PAYMENT BOND
NOTICE TO BIDDERS
NOTICE TO BIDDERS
Sealed proposals, addressed to the City of Corpus Christi, Texas for:
MUSEUM 4F SCIENCE AND HISTORY HVAC/AIR HANDLING IINIT/CHILLER/GENERATOR AND
FIRE/SECIIRITY REPAIRS AND/OR REPLACEMENT PROJECT NO. 4378 consists of
Base Bid:
Remove {3) multi-zone units and 1 constant volume unit and replace
with 2 variable air volume units (VAV) with series fan powered
terminal units, including new 18" roof curbs and roofing repair.
Remove and replace (4) constant volume air handling units. Remove
and replace clogged piping in the chilled and hot water piping.
Install new exhaust hood for paint/work bench. Remove and replace
electrical panels DPA, DPB, and a manual transfer switch in the main
mechanical roam. Provide connections for temporary generator.
Install new secure card access system for (4} storage areas. Install
new insulated vestibule to reduce heat infiltration at rear roll-up
door entrance to workroom. All systems complete and in place per
lump sum.
Add Alternate 1 (AA1)
Upgrade fire alarm panel, related detectors and A/V devices complete
and in place per lump sum.
Add Alternate 2 (AA2):
Remove (4) exit doors and replace with (4) automatic slide exit
doors. Install new pedestrian handrail on main entry steps complete
and in place per lump sum.
in accordance with the plans, specifications and contract documents;
will be received at the office of the City Secretary until 2:00 m.
on Wednesday, November 4th, 2009, and then publicly opened an rea .
Any bid received after closing time will be returned unopened.
A pre-bid meeting is scheduled for 10:00 a.m., Wednesday, October 28th,
2009, and will be conducted by the City. The location of the meeting
will be the Department of Engineering Services Main Conference Room,
Third Floor, City Hall, 1201 Leopard Street, Corpus Christi, TX.
A bid bond in the amount of 5~ of the highest amount bid must
accompany each proposal. Failure to provide the bid bond will
constitute a non-responsive proposal which will not be considered.
Failure to provide required performance and payment bonds for
contracts over $25,000.00 will result in forfeiture of the 5% bid
bond to the City as liquidated damages. Bidder's plan deposit is
subject to mandatory forfeiture to the City if bidding documents are
not returned to the City within two weeks of receipt of bids.
Plans, proposal forms, specifications and contract documents may be
procured from the City Engineer upon a deposit of Fift and no/100
Dollars ($50.00} as a guarantee of their return in goo con ition
within two weeds of bid date. Documents can be obtained by mail upon
receipt of an additional ($10.00) which is a non-refundable
postage/handling charge.
The bidder is hereby notified that the owner has ascertained the wage
rates which prevail in the locality in which this work is to be done
Revised 7/5/00
and that such wage scale is set out in the contract documents
obtainable at the office of the City Engineer and the Contractor
shall pay not less than the wage rates so shown for each craft or
type. of "laborer," "workman," or "mechanic" employed on this project.
The City reserves the right to reject any or all bids, to waive
irregularities and to accept the bid which, in the City's opinion,
seems most advantageous to the City and in the best interest of the
public.
CITY OF CORPUS CHRISTI, TEXAS
/s/ Pete Anaya, P.E.
Director of Engineering Services
/s/ Armando Chapa
City Secretary
Revised 7/5/00
NOTICE TO CONTRACTORS -- A
NOTICE TO CONTRACTORS - A
INSURANCE REQUIREMENTS
Revised March, 2009
A Certificate of Insurance indicating proof of coverage in the
following amounts is required:
TYPE OF INSURANCE MINIMUM INSURANCH COVERAGE
3U-Day Notice of Cancellation required on Bodily Injury and Property Damage
all certificates P8R OCCURRENCE / AGGREGATE
Commercial General Liability including: $2,000,000 COMBINED SINGLE LIMIT
1. Commercial Form
2. Premises - Operations
3. Explosion and Collapse Hazard
4. Underground Hazard
5. Products/ Completed Operations
Hazard
6. Contractual Liability
7. Broad Form Property Damage
e. Independent Contractors
9. Personal Injury
AUTOMOBILE LIABILITY--OWNED NON-OWNED $1,000,000 COMBINED SINGLE LIMIT
OR RENTED
WHICH COMPLIES WITH THE TEXAS WORKERS'
WORKERS' COMPENSATION COMPENSATION ACT AND PARAGRAPH II OF
THIS EXHIBIT
EMPLOYERS' LIABILITX $500,000
EXCESS LIABILITY $1,000,000 COMBINED SINGLE LIMIT
PROFESSIONAL POLLUTION LIABILITY/ $2,000,000 COMBINED SINGLE LIMIT
ENVIRONMENTAL IMPAIRMENT COVERAGE
Not limited to sudden & accidental ^ REQUIRED
discharge; to include long-term UIRED
0 NOT RE
environmental impact for the. disposal of Q
contaminants
BUILDERS' RISK See Section B-6-11 and Supplemental
Insurance Requirements
REQUIRED
^ NOT REQUIRED
INSTALLATION FLOATER See Section B-6-11 and Supplemental
Insurance Requirements
^ REQUIRED
NOT REQUIRED
ra~c .i. v.i c.
^The City of Corpus Christi must be named as an additional insured on all
coverages except worker's compensation liability coverage.
^The name of the project must be listed under "description of operations" on
each certificate of insurance.
^For each insurance coverage, tl-_e Contractor shall obtain an endorsement to
the applicable insurance policy, signed by the insurer, providing the City
caith thirty (30) days prior written notice of cancellation of or material
change on any coverage. The Contractor shall provide to the City the other
endorsements to insurance policies or coverages which are specified in
section B-6-11 or Special Provisions section of the contract.
A completed "Disclosure of Interest" must be submitted with your proposal.
Should you have any questions regarding insurance requirements, please
contact the Contract Administrator at 880-3500.
Page 2 of 2
NOTICE TO CONTRACTORS - B
NOTICE TO CONTRACTORS -- B
WORKER'S COMPENSATION INSURANCE
REQUIREMENTS
Page 1 of 11
Texas Administrative bode
TITLE 28 INSURANCE
PART 2 TEXAS DEPARTMENT OF INSURANCE, DIVISION OF
WORKERS' C01~IPENSATION
CHAPTER 110 REQUIRED NOTICES OF COVERAGE
SUBC)~TA PTER B EMPLOYER NOTICES
RULE §110.110 Reporting Requirements for Btulding or Construction
Projects for Governmental Entities
(a) 'I he following words and terms, when used in this rule, shall have the following meanings,
unless the context clearly indicates otherwise. Terms not defined in this rule shall have the
meaning defined in The Texas Labor Code, if so defined.
(1) Certificate of coverage (certificate}--A copy of a certificate of insurance, a certificate of
authority to self-insure issued by the commission, or a workers' compensation coverage
agreement (TWCC-8 i, TWCC-82, TWCC-83, or TWCG84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees (including those subject
to a coverage agreement} providing services on a project, for the duration of the project.
(2) Building or construction--Has the meaning defined in the Texas Labor Code;
~406.096(e}(1).
(3) Contractor--A person bidding for or awarded a building or construction project by a
governmental entity.
(4) Coverage--Workers' compensation insurance meeting the statutory requirements of the.
Texas Labor Code, X401.011(44).
(S) Coverage agreement--A written agreement on form TWCC-81, form TWCC-82, form
TWCC-83, or form TWCC-84, filed with the Texas Workers' Compensation Commission which
establishes a relationship between the parties for purposes of the Texas Workers' Compensation
Act, pursuant to the Texas Labor Code, Chapter 406, Subchapters F and G, as one of
employer/employee and establishes who will be responsible for providing workers'
compensation coverage for persons providing services on the project.
(6) Duration of the project--Includes the time from the beginning of work on the project until
the work on the project has been completed and accepted by the governmental entity.
(7) Persons providing services on the project ("subcontractor" in §406.096 of the Act}--With the
exception of persons excluded under subsections (h) and (i) of this section, includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly with the contractor and regardless
of whether that person has employees. This includes but is not limited to independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity furnishing persons to perform services on the project.
Page 2 of 11
"Services" includes but is not limited to providing, hauling, or delivering equipment or materials,
or providing labor, transportation, or other service related to a project. "Services" does not
include activities unrelated to the project, such as food beverage vendors, office supply
deliveries, and delivery of portable. toilets.
(8) Project--Includes the provision of all services related to a building or construction contract
for a governmental entity.
(b) Providing or causing to be provided a certificate of coverage pursuant to this rule is a
representation by the insuxed that all employees of the insured who are providing services on the
project are covered by workers' compensation coverage, that the coverage is based on proper
reporting of classification codes and payroll amounts, and that all coverage agreements have
been filed with the appropriate insurance carrier or, in the case of aself-insured, with the
commission's Division of Self-Insurance Regulation. Providing false or misleading certificates of
coverage, or failing to provide or maintain required coverage, or failing to report any change that
materially affects the provision of coverage may subject the contractor or other person providing
services on the project to administrative penalties, criminal penalties, civil penalties, or other
civil actions.
(c) A governmental entity that enters into a building or construction contract on a project shall:
{ 1) include in the bid specifications, all the provisions of paragraph (7) ofthis subsection, using
the language required by paragraph (~) ofthis subsection;
{2) as part ofthe contract, using the language required by paragraph (7} ofthis subsection,
require the contractor to perform as required in subsection (d) of this section;
(3) obtain from the contractor a certificate of coverage for each person providing services on
the project, prior to that person beginning work on the project;
(4) obtain from the contractor a new certificate of coverage showing extension of coverage:
(A) before the end of the current coverage period, if the contractor's current certificate of
coverage shows that the coverage period ends during the duration of the project; and
(B) no later than seven days after the expiration of the coverage for each other person
providing services on the project whose current certificate shows that the coverage period ends
during the duration of the project;
(5) retain certificates of coverage on fife for the duration of the project and for three years
therea$er;
(6) provide a copy of the certificates of coverage to the commission upon request and to any
person entitled to them by law; and
(~ use the language contained in the following Figure I for bid specifications and contracts,
without any additional words or changes, except those required to accommodate the specific
document in which they are contained or to impose stricter standards of documentation: Attached
Graphic
Page 3 of 11
(d) A contractor shall:
(1) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage showing workers` compensation coverage to the
governmental entity prior to beginning work on the project;
(3) provide the governmental entity, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the contractor's
current certificate of coverage ends during the duration of the project;
(4) obtain from each person providing services on a project, and provide to the governmental
entity:
(A) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
(B) no Later than seven days after receipt by the contractor, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
(5} retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
(6} notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project;
(7) post a notice on each project site informing all persons providing services on the project that
they are required to be covered, and stating how a person may verify current coverage and report
failure to provide coverage. This notice does not satisfy other posting requirements imposed by
the Act or other commission rules. This notice must be printed with a title in at least 30 point
bold type and text in at least 19 point normal type, and shall be in both English and Spanish and
any other language common to-the worker population. The text for the notices shall be the
following text provided by the commission on the sample notice, without any additional words
or changes: Attached Graphic
(8} contractually require each person with whom it contracts to provide services on a project to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
(B) provide a certificate of coverage to the contractor prior to that person beginning work on
the project;
(C) include in all contracts to provide services on the project the language in subsection (e)(3)
of this section;
Page 4 of 11
(D) provide the contractor, prior to the end of the coverage period, a new certificate of
coverage showing extension of coverage, if the coverage period shown on the current certificate
of coverage ends during the duration of the project;
(E} obtain from each other person with whom it contracts, and provide to the contractor:
(i) a certificate of coverage, prior to the other person beginning work on the project; and
{ii) prior to the. end of the coverage period, a new certificate of coverage showing extension
of the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
(F) retain alt required certificates of coverage on file for the duration of the project and for one
year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project; and
(H) contractually require each other person with whom it contracts, to perform as required by
subparagraphs (A)-(H) of this paragraph, with the certificate of coverage to be provided to the
person for whom they are providing services.
(e) A person providing services on a project, other than a contractor, shall:
(I) provide coverage for its employees providing services on a project, for the duration of the
project based on proper reporting of classification codes and payroll amounts and filing of any
coverage agreements;
(2) provide a certificate of coverage as required by its contract to provide services on the
project; prior to beginning work on the project;
(3) have the following language in its contract to provide services on the project: "By signing
this contract or providing or causing to be provided a certificate of coverage, the person signing
this contract is representing to the governmental entity that all employees of the person signing
this contract who will provide services on the project will be covered by workers' compensation
coverage for the duration of the project, that the coverage will be based on proper reporting of
classification codes and payroll amounts, and that all coverage agreements will be filed with the
appropriate insurance carrier or, in the case of aself-insured, with the commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the contractor
to administrative penalties, criminal penalties, civil penalties, or other civil actions."
{4) provide. the person for whom it is providing services on the project, prior to the end of the
coverage period shotim on its current certificate of coverage, a new certif Cate showing extension
of coverage, if the coverage period shown on the certificate of coverage ends during the duration
of the project;
(5) obtain from each person providing services on a project under contract to it, and provide as
required by its contract:
(A) a certificate of coverage, prior to the other person beginning work on the project; and
(B} prior #o the end of the coverage period, a new certificate of coverage showing extension of
the coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
Page 5 of I 1
(6) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter;
{7) notify the governmental entity in writing by certified mail or personal delivery, of any
change that materially affects the provision of coverage of any person providing services on the
project and send the notice within ten days after the person knew or should have known ofthe
change; and
(8) contractually require each other person with whom it contracts to:
(A) provide coverage based on proper reporting of classification codes and payroll amounts
and filing of any coverage agreements for all of its employees providing services on the project,
for the duration of the project;
{B) provide a certificate of coverage to it prior to that other person beginning work on the
project;
(C) include in all contracts to provide services on the project the language in paragraph (3) of
this subsection;
(D) provide, prior to the end ofthe coverage period, a new certificate of coverage showing
extension ofthe coverage period, if the coverage period shown on the current certificate of
coverage ends during the duration ofthe project;
(E) obtain from each other person under contract to it to provide services on the project, and
provide as required by its contract:
(i} a certificate of coverage, prior to the other person beginning work on the project; and
{ii) prior to the end of the coverage period, a new certificate of coverage showing extension
ofthe coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration ofthe contract;
(F) retain al l required certificates of coverage on file for the duration of the project and for one
-year thereafter;
(G) notify the governmental entity in writing by certified mail or personal delivery, within ten
days after the person knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on.the project; and
(H) contractually require each person with whom it contracts, to perform as required by this
subparagraph and subparagraphs (A)-(G) of this paragraph, with the certificate of coverage to be
provided to the person for whom they are providing services.
(f) If any provision of this rule or its application to any person. or circumstance is held invalid,
the invalidity does not affect other provisions or applications of this rule that can be given effect
without the invalid provision or application, and to this end the provisions of this rule are
declared to be severable.
(g) This rule is applicable for building or construction contracts advertised for bid by a
governmental entity on or after September 1, 1994. This rule is also applicable for those building
or construction contracts entered into on or after September 1, 1994, which are not required by
taw to be advertised for bid-
Page 6 of 11
(h) The coverage requirement in this rule does not apply to motor carriers who are required
pursuant to Texas Civil Statutes, Article 6675c, to register with the Texas Department of
Transportation and who provide accidental insurance coverage pursuant to Texas Civil Statutes,
Article 6675c, §4(j}.
{i} The coverage requirement in this rule does not apply to sole proprietors, partners, and
corporate officers who meet the requirements of the Act, §406.097(c}, and who are explicitly
excluded from coverage in accordance with the Act, §406.097(a) (as added by House Bill 1089,
74th Legislature, 1995, §1.20). This subsection applies only to sole proprietors, partners, and
corporate executive officers who are excluded from coverage in an insurance policy or certificate
of authority to self-insure that is delivered, issued for delivery, or renewed on or after January I,
1996.
Source Note: The provisions of this § 110.110 adopted to be effective September 1, 1494, 19
TexReg 5715; amended to be effective November 6, 1995, 20 TexReg 8609
Page 7 of 11
T2 8S 110.310(d}(7)
"REQUIRED WORKERS" COMPENSATION COV"ERAGE"
"The law z•egzeires that each person tivorking on this site or providing sefvices related to this
construction project must be covered by workers' compensation insurance. This includes persons
providing, hauling, or delivering equipment or materials, or providing labor or transportation or
other sezvice related to the project, regardless of the identity of their employer or status as an
employee. "
"Call the Texas Workers' Compensation Commission at .i12-440-3%89 to receive information on
the legal requirement for coverage, to ver~~ tivhether your employer has provided the required
coverage, or• to report an employer's failure to provide coverage."
Page 8 of 11
T28S 110.110(c}(7)
Article .Workers' Compensation Insurance Coverage.
g. Defttzitions:
Certificate of coverage ("certificate')-.4 copy of a certificate of insurance, a certificate of
authority to self-insure issued by the cornrnission, or a coverage agreement (TWCC-81, TWCC-
82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for
the person's or entity's employees providing services on a project, for the duration of the project.
Duration of the project -includes the time from the beginning of the work on the project until the
contractor's/person's work on the project has been completed and accepted by the governmental
entity.
Persons providing services on the project ("subcontractor" in §40b. D96) -includes all persons
or entities performing all or part of the services the contractor has undertaken to perform on the
project, regardless of whether that person contracted directly lvith the contractor and regardless
of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of arty entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other service related to a project. "Services"
does not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets-
B. The contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements
of Texas Labor Code, Section 401.01.1(44) for all employees of the contractor- providing services
on the project, for the duration of the project.
C. The Contractor must provide a certificate of coverage to the governmental entity prior to
being awarded the contract.
D. If the coverage period shown on the contractor's current cer-tif cote of coverage ends during
the duration of the project, the contractor must, prior to the end of the coverage period, file a
new certif cafe of coverage with the governmental entity showing that coverage has-been
extended.
E. The contractor shall obtain from each person providing services on a project, and provide to
the governmental entity:
(1) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity tivill have on frle certificates of coverage showing coverage for all persons
providing services on the project; and
(2) no later than seven days after receipt by the contractor, a new certificate of coverage
shativing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project.
Page 9 of 11
F. The conn^actor shall retain all required cer•tifccates of coverage for• the duration of the project
and for one year (hereafter.
G. The contractor shall notify the governmental entity in writing by certified mail or personal
delivery, evithin 10 days after the contractor knew or should have known, of any change that
materially affects the provision of coverage of any person providing services on the project.
H. The contractor shall post on each project site a notice, in the text, form and manner-
prescribed by the Texas Workers' Compensation Commission, informing all persons providing
services on the project that they are required to be cover•ecl, and stating how a person may verb
coverage and report lack of coverage.
L The contractor shall contracttcally require each person with whom it contracts to provide
services• on a project, to:
(1) provide coverage, based on proper reporting of classification codes and payroll amounts and
fling of any coverage agreements, which meets the statutory requirements. of Texas Labor Code,
Section 401.011(44) for all of its employees providing services on the project, for the duration of
the project;
(2) provide to the contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, far the duration of the project;
(3) provide the contractor, prior to the end of the coverage period, a ne~y certiftcate of coverage
sholving extension of coverage, if the- coverage period shown on the current certificate of
coverage ends during the duration of the project;
(4) obtain from each other person with whom it contracts, and provide to the contractor:
(a) a cer•tifrcate of coverage, prior to the other person beginning work an the project; arzd
(b) a new certificate of coverage showing extension of coverage, prior to the end of the coverage
period, if the coverage period shown on the current certiftcate of coverage ends during the
duration of the project;
(5) retain all required certificates of coverage on~le for• the duration of the project and for one
year thereafter;
(6) notify the governmental entity in writing by certified mail or personal delivery, within 10
days after the person knew ar• should have known, of any change that materially affects the
provision of coverage of any person providing services an the project,- and
(7) contractually require each person with whom it contracts, to perform as required by
paragraphs (1) - (7), with the certificates of coverage to be provided to the person for whom they
are providing services.
J. By signing this contract or providing or causing to be provided a certificate of coverage, the
contractor is representing to the governmental entity that all employees of the contractor who
will provide services on the project will be covered by workers' co»zpensation coverage for the
duration of the project, that the coverage will be based on proper reporting of classification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate
insurance carrier or, in the case of aself-insured, with the cornmissiorz's Division ofSelf-
Page l0 of 11
Insurance Regulation. Providing false or misleading information may subject the contractor to
administrative penalties, criminal penalties, civil penalties, or other civil actions.
K The contractor's failure to comply with any of these provisions is a breach of contract by the
contractor which entitles the governmental entity to declare the contract void if the contractor
does not remedy the breach within ten days after receipt of notice of breach front the
governmental entity.
Page I I of 11
PART A
SPECIAL PROVISIONS
MUSEUM OF SCIENCE AND HISTORX HVAC/AIR HANDLING UNIT/CHILLER/GENERATOR AND
FIRE/SECURITY REPAIRS AND/OR REPLACSMffi3T - PROJECT N0. 4378
SECTION A - SPECIAL PROVISIONS
A-1 Time and Place of Receivin Pro osals/Pre-Bid Meetin
Sealed proposals will be received in conformity with the official
advertisement inviting bids for the project. Proposals will be received in
the office of the City Secretary, located on the first floor of City Hall,
1201 .Leopard Street, until 2.00 p.m., Wednesday, November 4th, 2009.
Proposals mailed should be addressed in the following manner:
City Secretary's Office
City of Corpus Christi
1201 Leopard Street
Corpus Christi, Texas 78401
ATTN: BID PROPOSAL - MUSEUM OF SCIENCB AND HISTORY HVAC/AIR HANDLING
UNIT/CHILLSR/GENERATOR AND FIRE/SECURITY REPAIRS AND/OR REPLACEMENT
PROJECT NO. 4378
Any proposals not physically in possession of the City Secretary's Office at
the time and date of bid opening will be deemed late and nonresponsive. Late
proposals will be returned unopened to the proposer. The proposer is solely
responsible for delivery to the City Secretary's Office. Delivery of any
proposal, by the proposer, their agent/representative, V.S. Mail, or other
delivery service, to any City address or office other than the City
Secretary's Office will be deemed non-responsive if not is possession of the
City Secretary's Office prior to the date and time of bid opening.
A pre-bid meeting will be held on Wednesday, October 28th, 2009, beginning at
10:00 a.m. The meeting will convene at the Engineering Services Main
Conference Room, Third Floor, City Hall, 1201 Leopard Street, Corpus Christi,
Tx. and will include a discussion of the project elements. If requested, a
site visit will follow.
No additional or separate visitations will be conducted by the City.
A-2 Definitions and Abbreviations
Section B-1 of the General Provisions will govern.
A-3 Descri tioa of Pro'ect
BASE BID:
Remove (3) multi-zone units and 1 constant volume unit and replace with 2
variable air volume units (VAV} with series fan powered terminal units,
including new 18" roof curbs and. roofing repair. Remove and replace {4)
constant volume air handling units. Remove and replace clogged piping in the
chilled and hot water piping. Install new exhaust hood for paint/work bench.
Remove and replace electrical panels DPA, DPB, and a manual transfer switch
in the main mechanical room. Provide connections for temporary generator.
Install new secure card access system for (4) storage areas. Install new
insulated vestibule to reduce heat infiltration at rear roll-up door entrance
to workroom. All systems complete and in place per lump sum.
Section A - SP
(Revised 12/15/04)
Page 1 0£ 23
Add Alternate 1 (AA1):
Upgrade fire alarm panel, related detectors and A/V devices complete and in
place per lump sum.
Add Alteraate 2 (AA2):
Remove (4) exit doors and replace with. (4) automatic slide exit deors.
Install new pedestrian handrail on main entry steps complete and in place per
lump sum.
A-4 Method of Award
The bids will be evaluated based on the following order of priority, subject
to the availability of funds.
1. Total Base Bid
2. Total Base Bid + Alternate 1 Bid
3. Total Base Bid + Alternate 1 + Alternate 2 Bid
The City reserves the right to accept and/or reject any or all bids in any
combination, to waive irregularities and to accept the bid which, in the
City's opinion, is most advantageous to the City and in the best interest of
the public..
A-5 Items to be Submitted with Proposal
The following items are required to be submitted with the proposal:
1. 5~ 8id Boad (Must reference
REPLACEMENT - PROJECT NO. 4378 as identified is the Proposal)
(A Cashier's Check, certified check, money order or bank draft from any
State or National. Bank will also be acceptable.)
2. Disclosure of .interests Statement
A 6 Time of Completion/Liquidated Damages
The working time for completion of the Project will be 210 calendar days
iacluding say Additive Alternate(s) if awarded. The Contractor shall
commence work within ten (10) calendar days after receipt of written notice
from the Director of Engineering Services or designee ("City Engineer") to
proceed.
For each calendar day that any work remains incomplete after the time
specified in the Contract for completion of the work or after such time
period as extended pursuant to other provisions of this Contract, $100 per
calendar day will be assessed against the Contractor as liquidated damages.
Said liquidated damages are not imposed as a penalty but as an estimate of
the damages that the City will sustain from delay in completion of the work,
which damages by their nature are not capable of precise proof. The Director
of Engineering Services (City Engineer} may withhold and deduct from monies
otherwise due the Contractor the amount of liquidated damages due the City.
Section A - SP
(Revised 12/15/64)
Page 2 of 23
A-7 Workers Compensation Insurance Coverage
If the Contractor's workers' compensation insurance coverage for its
employees working on the Project is terminated or canceled for any reason,
and replacement workers' compensation insurance coverage meeting the
requirements of this Contract is not in effect on the effective date of
cancellation of the workers' compensation insurance coverage to be replaced,
then any Contractor employee not covered by the required workers'
compensation insurance coverage must not perform any work on the Project.
Furthermore, for each calendar day including and after the effective date of
termination or cancellation of the Contractor's workers' compensation
insurance coverage for its employees working on the Project until the date
replacement workers' compensation insurance coverage, meeting the
requirements of this Contract, is in effect for those Contractor employees,
liquidated damages will be assessed against and paid by the Contractor at the
highest daily rate elsewhere specified in this Contract. Such liquidated
damages will accumulate without notice from the City Engineer to the
Contractor and will be assessed and paid even if the permitted time to
complete the Project has not expired.
Tn accordance with other requirements of this Contract, the Contractor shall
not permit subcontractors or others to work on the Project unless all such
individuals working on the Project are covered by workers' compensation
insurance and unless the required documentation of such coverage has been
provided to the Contractor and the City Engineer.
A-8 Faxed Proposals
Proposals faxed directly to the City will be considered non-responsive.
Proposals must contain original signatures and guaranty and be submitted in
accordance with Section B-2 of the General Provisions.
A-9 Acknowledgment of Addenda
The Contractor shall acknowledge receipt of all addenda received in the
appropriate space provided in the proposal. Failure to do so will be
interpreted as non-receipt. Since addenda can have significant impact on the
proposal, failure to acknowledge receipt, and a subsequent interpretation of
non-receipt, could have an adverse effect when determining the lowest
responsible bidder.
A-10 Wage Rates {Revised 7/5/00)
Labor preference and wage rates for Buildings. •I~ ease e€ ...,~':~
r~e~rae~e~ shall use Lam:-gr~r ~a-~a~-mate
Prevailing Waae Scales
The Corpus Christi City Council has determined the general prevailing miniimun hourly wage
rates for Nueces County, Texas as set out in Part C. The Contractor and any subcontractor
must not pay less than the specified wage rates to all laborers, v~rlanPxi, and mechanics
employed by them in the execution of the Contract. 3'Y~ Contractor or subcontractor shall
forfeit sixty dollars {$60.00) per calendar day, or portion thereof, for each laborer,
workman, or mechanic employed, if such person is paid less than the specified rates for the
classificatian of work .performed. The Contractor and each subcontractor must keep an
accurate record showing the names and classifications of all laborers, workmen, and mechanics
employed by than in connection with the Project and shawi.ng the actual wages paid to each
worker.
S8Ct10II A - SP
{Revised 12/15/.04)
Page 3 of 23
The Contractor will make bi-weekly certified payroll sutmittals to the City Engineer- 'The
Contractor will also obtain copies of such certified payrolls fran all subcontractors and
others vnrking on the Project . 'These doc~unents will also be submitted to the City Engineer
bi-weekly. (See sectior. for Minority/Minority Business Enterprise Participation Policy for
additional requl.~-emP.nts concerning the proper form and content of the payroll sutmittals.)
One and one-half (lyZ} times the specified hourly wage must be paid for all hours worked in
excess of 40 hours in any one week and for all hours worked on Sundays or holidays. (See
Section 8-1-1, Definition of Terms, and Section B-7-6, Working Hours }
A-11 CoopezatiC~ with Public Agencies (Revise3 7/5/00)
The Contractor Shall cooperate with all public and private agencies with facilities operating
within the limits of the Project. The Contractor shall provide a forty-eight (48) hour
notice to any applicable agency when work is anticipated to proceed in the vicinity of arty
facility by using Dig Tess 1-800-344-8377, the Lone Star Notification Company at 1-800-669-
8344, and the Veri2on Dig Alert at 1-800-483-6279. For the Contractor's convenience, the
following telephone rnsnbers are listed.
City Engineer
Project Engineer
Esian Mende, P.E.
BatYi Engineering, Inc.
Traffic Engineering
Police Department
Water Department
Wastewater ~zt
Gas Department
Storm Water alt
Parks & Recreation Department
Streets & Solid Waste Services
AEP
S B C
City Street Div. for Traffic
Signal/Fiber Optic Locate
Cablevision
ANSI {Fiber Optic}
KMC (Fiber Optic}
ChoiceCccn (Fiber Optic}
CAPROCZC (Fiber Optic)
Brooks Fiber Optic (MAN}
826-3500
361-992-2284
826-3540
882-1911
826-1880 {826-3140 after hours}
826-1818 (826-3140 after hours)
885-6900 (885-6900 after hours)
826-1881 {826-3140 after hours)
826-3461
857-1970
299-4833 (693-9444 after hours)
881-2511 (1-800-824-4424, after hours}
826-1946 826-1960
857-5000 (857-5060 after hours)
887-9200 (Pages 800-724-3624)
813-1124 (Pager 888-204-1679}
881-5767 (Pager 850-2981)
512/935-0958 (Mobile}
972-753-4355
A-12 Maiatanance of Services
The Contractor shall take all precautions in protecting existing utilities,
both above and below ground. The Drawings show as much information as can be
reasonably obtained from existing as-built drawings, base maps, utility
records, etc. and from as much field work as normally. deemed necessary for
the construction of this type of project with regard to the location and
nature of underground utilities, etc. However, the accuracy and completeness
of such information is not guaranteed. It is the Contractor's sole and
complete responsibility to locate such underground features sufficiently in
advance of his operations to preclude damaging the existing facilities. If
the Contractor encounters utility services along the line of this work, it is
his responsibility to maintain the services in continuous operation at his
own expense.
In the event of damage to underground utilities, whether shown in the
drawings, the Contractor shall make the necessary repairs to place the
Section A - SP
(Revised 12/15/04)
Page 4 of 23
utilities back in service to construct the work as intended at no increase in
the Contract price. All such repairs must conform to the requirements of the
company or agency that owns the utilities.
Where existing sewers are encountered and are interfered with (i.e. broken,
cut, etc.), flow must be maintained. Sewage or other liquid must be handled
by the Contractor either by connection into other sewers or by temporary
pumping to a satisfactory outlet, all with the approval of the City Engineer.
Sewage or other liquid must not be pumped, bailed or flamed over the streets
or ground surface and Contractor must pay for all fines and remediation that
may result if sewage or other liquid contacts the streets or ground surface.
It is also the Contractor's responsibility to make all necessary repairs,
relocations and adjustments to the satisfaction of the City Engineer at no
increase in the Contract price. Materials for repairs, adjustments or
relocations of sewer service lines must be provided by the Contractor.
A-13 Area Access and Traffic Control
Sufficient traffic control measures must be used to assure a safe condition
and to provide a minimum of inconvenience to motorists and the public.
The- Contractor will be required to schedule his operations so as to cause
minimum adverse impact on the accessibility of the museum and public. This
may include, but is not limited to, working driveways in half widths,
construction of temporary ramps, etc.
The Contractor shall comply with the City of Corpus Christi's Uniform
Barricading Standards and Practices as adopted by the City. Copies of this
document are available through the City's Traffic Engineering Department. The
Contractor shall secure the necessary permit from the City's Traffic
Engineering Department.
All costs for traffic control are considered subsidiary; therefore, no direct
payment will be made to Contractor.
A-14 Construction Squipmeut Spillage and Trackin
The Contractor shall keep the adjoining streets free of tracked and/or
spilled materials going to or from the construction area. Hand labor and/or
mechanical equipment must be used where necessary to keep these roadways
clear of job-related materials. Such work must be completed without any
increase in the Contract price.
Streets and curb line must be cleaned at the end of the work day or more
frequently, if necessary, to prevent material from washing into the storm
sewer system. No visible material that could be washed into storm sewer is
allowed to remain on the Project site or adjoining streets.
A-15 Excavation sad Removals
The excavated areas behind curbs and adjacent to sidewalks and driveways must
be filled with "clean" dirt. "Clean" dirt is defined as dirt that is capable
of providing a good growth of grass when applied with seed/sod and
fertilizer. The dirt must be free of debris, caliche, asphalt, concrete and
any other material that detracts from its appearance or hampers the growth of
grass.
All existing concrete and asphalt within the limits of the Project must be
removed unless otherwise noted.
Section A - SP
(Revised 12/15/04)
Page 5 of 23
All necessary removals including but not limited to pipe, driveways,
sidewalks, etc., are to be considered subsidiary to the bid item for "Street
Excavation"; therefore, no direct payment will be made to Contractor.
A-16 Disposal/Salvage of Materials
Excess excavated material, broken asphalt, concrete, broker. culverts and
other unwanted material becomes the property of the Contractor and must be
removed from the site by the Contractor. The cost of all hauling is
considered subsidiary; therefore, no direct payment will be made to
contractor.
A-17 Field Office NOT IISBD
A-i8 Schedule and Sequeace of Construction
The Contractor shall submit to the City Engineer a work plan based only on
CALENDAR days. This plan must detail the schedule of work and must be
submitted to the City Engineer at least three ( 3 ) working days prior to the
pre-construction meeting.
The plan must indicate the schedule of the following work items:
1. Initial Schedule: Submit to the City Engineer three (3) days prior to
the Pre-Construction Meeting an initial Construction Progress Schedule
for review.
2. Items to Include: Show complete sequence of construction by activity,
identifying Work of separate stages and other logically grouped
activities. Identify the first work day of each week.
3. Submittal Dates: Indicate submittal dates required for all submittals.
4. Re-Submission: Revise and resubmit as required by the City Engineer.
5. Periodic Update: Submit Updated Construction Progress Schedule to show
actual progress of each stage by percentage against initial Schedule.
A 19 Construction Project Layout and Control _(NOT IISED)
..
~ ., l .. F a. L... .-L '
Section A - SP
(Revised 12/15/04)
Page 6 of 23
the Er~y e~' Ce~st~lta~t `~~eTeet En ----Q ~ a ~ -, t-; 6~3 ~€-~--~:G
,
r ,
,
~ 'n~z_ In ~ F i- F i- ......., ... > _
n h '7 ~t~e~--fq 6ia ~ ~ ne' ~v ~,~zryf'~C, S-$~--stz-cc~6~E3 a ~ B e r ~• ~ ° •• ~ i
-,rr'1cr~c c~-crci~di~ ~- e33 a ~ 8 8 , a. -, , -
r.,....,.,. .
A-20 Testiag and Certification
All tests required under this
laboratory selected by the City
will be borne by the City. In
be done over after corrective
retesting will be borne by th
the Contractor.
item must be done by a recognized testing
Engineer. The cost of the laboratory testing
the event that any test fails, that test must
measures have been taken, and the cost of
e Contractor and deducted from the payment to
The Contractor must provide all applicable certifications to the City
Engineer.
Section A - SP
(Revised 12/15/04)
Page 7 of 23
A-21 Project Signs {NOT U5ED)
- -
A-22 Minorit /Minorit Business Ente rise Partici ation Polic (Revised to/3e)
1. Polic
It is the policy of the City of Corpus Christi that maximum opportunity
is afforded minorities, women and Minority Business Enterprises to
participate in the performance of contracts awarded by the City of
Corpus Christi in support of Equal Employment Opportunity goals and
objectives of the Affirmative Action Policy Statement of the City dated
October, 1989, and any amendments thereto. In accordance with such
policy, the City has established goals, as stated herein, both for
minority and female participation by trade and for Minority Business
Enterprise.
2. Definitions
a. Prime Contractor: Any person, firm, partnership, corporation,
association or joint venture as herein provided which has been
awarded a City contract.
b. Subcontractor: Any named person, firm, partnership, corporation,
association, or joint venture as herein identified as providing
work, labor, services, supplies, equipment, materials or any
combination of the foregoing under contract with a prime contractor
on a City contract.
c. Minority Business Enterprise: A business enterprise that is owned
and controlled by one or more minority person{s). Minority persons
include Blacks, Mexican-Americans and other persons of Hispanic
origin, American Indians, Alaskan Natives, and Asians or Pacific
Islanders. For the purposes of this section, women. are also
considered as minorities. Minority person(s) must collectively
own, operate and/or actively manage, and share in payments from
such an enterprise in the manner hereinafter set forth:
], . Owned
(a) For a sole proprietorship to be deemed a minority
business enterprise, it must be owned by a minority
person.
{b) For an enterprise doing business as a partnership, at
least 51.0% of the assets or interest in the
partnership property must be owned by one or more
minority person(s).
(c) For an enterprise doing business as a corporation, at
least 51.0% of the assets or interest in the corporate
shares must be owned by one or more minority
person(s}.
Section A - SP
tReviaed 12115/04)
Page 8 of 23
2. Controlled
The primary power, direct or indirect, to manage a business
enterprise rests with a minority person(s).
3. Share in Payments
Minority partners, proprietor or stockholders, of the
enterprise, as the case may be, must be entitled to receive
51.0% or more of the total profits, bonuses, dividends,
interest payments, commissions, consulting fees, rents,
procurement, and subcontract payments, and any other
monetary distribution paid by the business enterprise.
d. Minority: See definition under Minority Business Enterprise.
e. Female Owned Business Enter rp ise: A sole proprietorship that is
owned and controlled by a woman, a partnership at least .51.0% of
whose assets or partnership interests are owned by one or more
women, or a corporation at least 51.0% of whose assets or interests
in the corporate shares are owned by one or more women.
f. Joint Venture: A joint venture means an association of two or more
persons, partnerships, corporations, or any combination thereof,
founded to carry on a single business activity which is limited in
scope and direction. The degree to which a joint venture may
satisfy the stated MBE goal cannot exceed the proportionate
interest of the MBE as a member of the joint venture in the work to
be performed by the joint venture. For example, a joint venture
which is to perform 50.0% of the contract work itself and in which
a minority joint venture partner has a 50.0% interest, shall be
deemed equivalent to having minority participation in 25.0% of the
work. Minority members of the joint venture must have either
financial, managerial, or technical skills in the work to be
performed by the joint venture.
3. Goals
a. The goals for participation by minorities and Minority Business
Enterprises expressed in percentage terms for the Contractor's
aggregate work force on all construction work for the Contract
award are as follows:
Minority Participation Minority Business ffitexprise
(Percent} Participation (Percent}
45 ~ 15 ~
b. These goals are applicable to all the construction work (regardless
of federal participation} performed in the Contract, including
approved change orders. The hours of minority employment must be
substantially uniform throughout the length of the Contract and in
each trade. The transfer of minority employees from Contractor to
Contractor or from project to project for the sole purpose of
meeting the Contractor's percentage is prohibited.
4. Compliance
a. Upon completion of the Project, a final breakdown of MBE
participation, substantiated by copies of paid invoices, shall be
submitted by the Contractor to the City Engineer.
Section A - SP
(Revised 12/15/04)
Page 9 of 23
b. The Contractor shall make bi-weekly payroll submittals to the City
Engineer. The Contractor is to indicate the percent of minority and
female participation, by trade, which has been utilized on the
Project. .Along with the request for final payment on the Project,
the Contractor will indicate, in writing, the overall participation
in these areas which have been achieved. The City Engineer may
withhold monthly or final payments to the Contractor for failure to
submit bi-weekly payrolls in a timely fashion or to submit overall
participation information as required.
A-23 Inspectioa Required (revised 7/5/00}
The Contractor shall assure the
Building Inspection Division at tY
permit is required and to assure
completed and ready for occupancy.
Occupancy, when applicable. Section
amended in that the Contractor mus
City's Building Inspection Departn
water/wastewater meter fees and tap
appropriate building inspections by the
e various intervals of work for which a
~ final inspection after the building is
Contractor must obtain the Certificate of
8-6-2 of the General Provisions is hereby
t pay all fees and charges levied by the
ent, and all other City fees, including
fees as required by City.
A-24 Surety Bonds
Paragraph two (2) of Section B-3-4 of the General Provisions is changed to
read as follows:
"No surety will be accepted by the City from any Surety Company who
is now in default or delinquent on any bonds or who has an interest
in any litigation against the City. All bonds must be issued by an
approved Surety Company authorized to do business in the State of
Texas. If performance and payment bonds are in an amount in excess
of ten percent {10%) of the Surety Company's capital and surplus,
the Surety Company shall provide certification satisfactory to the
City Attorney that the Surety Company has reinsured the portion of
the bond amount that exceeds ten percent (10%} of the Surety
Company's capital and surplus with reinsurers) authorized to do
business in the State of .Texas. The amount of the bond reinsured
by any reinsurer may not exceed ten percent (10%) of the
reinsurer's capital and surplus. For purposes of this section, the
amount of allowed capital and surplus will be verified through the
State Board of Insurance as of the date of the last annual
statutory financial statement of the Surety Company or reinsurer
authorized and admitted to do business in the State of Texas. The
Surety shall designate an agent who is a resident of Nueces County,
Texas. Each bond must be executed by the .Contractor and the
Surety. For contracts in excess of $100,000 the bond must be
executed by a Surety company that is certified by the United States
Secretary of the Treasury or must obtain reinsurance for any
liability in excess of $100,000 from a reinsurer that is certified
by the United States Secretary of the Treasury and that meets all
the above requirements. The insurer or reinsurer must be listed in
the Federal Register as holding certificates of authority on the
date the bond was issued."
Section A - SP
(Revised 12/15/04)
Page 10 of 23
A-25 Sales Tax Exemption (NOT IISED)
,
4 . pra rde the Cwt ..'^ F , ~ ~ , ~ start }ate-tee
,
~~-a-re~eale sew}€ieate ~ ~^: ~ ~,
A-26 Supplemental Insuraace Requirements
for each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating:
In the event of cancellation or material change that reduces or
restricts the insurance afforded by this coverage part, each insurer
covenants to mail prior written notice of cancellation or material
change to:
L. Name: City of Corpus Christi
Engineering Services Department
Attn: Contract Administrator
2. Address: P.O. Box 9277
Corpus Christi, Texas 78469-9277
3. Number of days advance notice: 30
The Contractor shall provide to the City Engineer the signed endorsements, or
copies thereof certified by the insurer, within thirty (30} calendar days
after the date the City Engineer requests that the Contractor sign the
Contract documents.
Within thirty (30) calendar days after the date the City Engineer requests
that the Contractor sign the Contract documents, the Contractor. shall provide
the City Engineer with a certificate of insurance certifying that the
Section A - SP
(Revised 12/15/Q4)
Page 11 of 23
Contractor provides worker's compensation insurance coverage for all
employees of the Contractor employed on the Project described in the
Contract.
r^or each insurance coverage provided in accordance with Section B-6-11 of the
Contract, the Contractor shall obtain an endorsement to the applicable
insurance policy, signed by the insurer, stating that the City is an
additional insured under the insurance policy. The City need not be named as
additional insured on Worker's Compensation coverage.
For contractual liability insurance coverage obtained in accordance with
Section B-6-11 (a) of the Contract, the Contractor shall obtain an
endorsement to this coverage stating:
Contractor agrees to indemnify, save harmless and defend the City,
its agents, servants, and employees, and each of them against and
hold it and them harmless from any and all lawsuits, claims,
demands, liabilities, losses and expenses, including court costs
and attorneys' fees, for or on account of any injury to any person,
or any death at any time resulting from such injury, or any damage
to any property, which may arise or which may be alleged to have
arisen out of or in connection with the work covered by this
Contract. The foregoing indemnity shall apply except if such
injury, death or damage is caused directly by the negligence or
other fault of the City, its agents, servants, or employees or any
person indemnified hereunder.
A-27 Responsibility for Damage Claims
Paragraph (a) General Liability of Section B-6-11 of the General Provisions
is amended to include:
Contractor must provide Builder's Risk insurance coverage for the term
of the Contract up to and including the date the City finally accepts
the Project or work. Builder's Risk coverage must be an "All Risk" form.
Contractor must pay all costs necessary to procure such Builder's Risk
insurance coverage, including any deductible. The City must be named
additional insured on any policies providing such insurance coverage.
A-28 Considerations f_or Contract Award and Execution
To allow the City Engineer to determine that the bidder is able to perform
its obligations under the proposed contract, then prior to award, the City
Engineer may require a bidder to provide documentation concerning:
1. Whether any liens have been filed against bidder for either failure to
pay for services or materials supplied against any of its projects begun
within the preceding two (2) years. The bidder shall specify the name
and address of the party holding the lien, the amount of the lien, the
basis for the lien claim, and the date of the release of the lien. If
any such lien has not been released, the bidder shall state why the
claim has not been paid; and
2. Whether there are any outstanding unpaid claims against bidder for
services or materials supplied which relate to any of its projects begun
within the preceding two .(2) years. The bidder shall specify the name
and address of the claimant, the amount of the claim, the basis for the
claim, and an explanation why the claim has not been paid.
Seceioa A - SP
(Revised 12/15/04}
Page 12 of 23
A bidder may also be required to supply construction references and a
financial statement, prepared no later than ninety (90) days prior to the
City Engineer's request, signed and dated by the bidder's owner, president or
other authorized party, specifying all current assets and liabilities.
A-29 Contractor's Field Administratioa Staff
The Contractor shall employ for this Project, as its field administration staff,
superintendents and foremen who are careful and competent and acceptable to the City
Engineer.
The criteria upon which the City Engineer makes this determination may include the
following:
1. The Superintendent must have at least five (5) years recent experience in field
management and oversight of projects of a similar size and complexity to this
Project. This experience must include, but not necessarily limited to,
scheduling of manpower and materials, safety, coordination of subcontractors,
and familiarity with the submittal process, federal and state wage rate
requirements, and City contract close-out procedures.
The superintendent shall be present, on the job site, at all times that work is
being performed.
2. Foremen, if utilized, shall have at least five t5) years recent experience in
similar work and be subordinate to the superintendent.
Foremen cannot act as superintendent without prior written approval from the
City.
Documentation concerning these requirements will be reviewed by the City Engineer.
The Contractor's field administration staff, and any subsequent substitutions or
replacements thereto, must be approved by the City Engineer in writing prior to such
superintendent assuming responsibilities on the Project.
Such written approval of field administration staff is a prerequisite to the City
$ngineer's obligation to execute a contract for this Project. If such approval is
not obtained, the award may be rescinded. Further, such written approval is also
necessary prior to a change in field administration staff during the term of this
Contract. If the Contractor fails to obtain prior written approval of the City
Engineer concerning any substitutions or replacements in its field administration
staff for this Project during the term of the Contract, such a failure constitutes a
basis to annul the Contract pursuant to section B-7-13.
A-30 Amended "Consideration of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction
Contracts" Section B-3-1 Consideration of Contract add the following text:
Within five {5) working days following the public opening and reading of the
proposals, the three (3) apparent lowest bidders (based on the Base Bid only)
must submit to the City Engineer the following information:
1. A list of the major components of the work;
2. A list of the products to be incorporated into the Project;
3. A schedule of values which specifies estimates of the cost for each
major component of the work;
4. A schedule of anticipated monthly payments for the Project duration.
Section A - SP
(Revised 12/15/04)
Page 13 of 23
5. The names and addresses of MBE firms that will participate in the
Contract, along with a description of the work and dollar amount for
each firm; and substantiation, either through appropriate certifications
by federal agencies or signed affidavits from the MBE firms, that such
MBE firms meet the guidelines contained herein. Similar substantiation
will be required if the Contractor is an MBE. If the responses do not
clearly show that MBE participation will meet the requirements above,
the bidder must clearly demonstrate, to the satisfaction of the City
Engineer, that a good faith effort has, in fact, been made to meet said
requirements but that meeting such requirements is not reasonably
possible.
6. A list of subcontractors that will be working on the Project. This list may
contain more than one subcontractor for major components of the work if the
Contractor has not completed his evaluation of which subcontractor will
perform the work.
The City Engineer retains the right to approve all subcontractors that
will perform work on the Project. The Contractor shall obtain written
approval by the City Engineer of all of its subcontractors prior to
beginning work on the Project. If the City Engineer does not approve
all proposed subcontractors, it may rescind the Contract award.
In the event that a subcontractor previously listed and approved is
sought to be substituted for or replaced during the term of the
Contract, then the City Engineer retains the right to approve any
substitute or replacement subcontractor prior to its participation in
the .Project. Such approval will not be given if the replacement of the
subcontractor will result in an increase in the Contract price. Failure
of the Contractor to comply with this provision constitutes a basis upon
which to annul the Contract pursuant to Section B-7-13;
7. A preliminary progress schedule indicating relationships between the
major- components of the work. The final progress schedule must be
submitted to the City Engineer at the pre-construction conference;
8. Documentation required pursuant to the Special Provisions A-28 and A-29
concerning Considerations for Contract Award and Execution and the
Contractor's Field Administration Staff.
9. Documentation as required by Special Provision A-35-K, if applicable.
10. Within five (5) days following bid opening, submit in letter form,
information identifying type of entity and state, i.e., Texas (or other
state) Corporation or Partnership, and name(s) and Title(s) of
individual{s) authorized to execute contracts on behalf of said entity.
A-31 Amended Poli on Extra Work and a Orders
Under "General Provisions and Requirements for F+huiicipal Construction Contracts" B-8-5
Policy on Extra Work and Change Orders the present text is deleted and replaced with the
following:
Contractor acknowledges that the City has no obligation to pay for any extra work
for which a change order has not been signed by the Director of Engineering
Services or his designee. The Contractor also acknowledges that the City Engineer
may authorize change orders which do not exceed $25,000.00. The Contractor
acknowledges that any change orders in an amount in excess of $25,000.00 must also
be approved by the City Council.
Section A - SP
(Revised 12/15/04)
Page 14 of 23
A-32 Amended "Execution of Contract" Requirements
Under "General Provisions and Requirements for Municipal Construction Contracts" B-3-5
Execution of Contract add the following:
The award of the Contract may be rescinded at any time prior to the date the City
Engineer delivers a contract to the Contractor which bears the signatures of the
City Manager, City Secretary, and City Attorney, or their authorized designees.
Contractor has no cause of action of any kind, including for breach of contract,
against the City, nor is the City obligated to perform under the Contract, until
the date the City Engineer delivers the signed Contracts to the Contractor.
A-33 Conditions of Work
Each bidder must familiarize himself fully with the conditions relating to the
completion of the Project. Failure to do so will not excuse a bidder of his
obligation to carry out the provisions of this Contract. Contractor is reminded to
attend the Pre-Bid Meeting referred to in Special Provision A-1.
A-34 Precedence o£ Contract Documents
In case of conflict in the Contract documents, first precedence will be given
to addenda issued during the bidding phase of the Project, second precedence
will be given to the Special Provisions, third precedence will be given to
the construction plans, fourth precedence will be given to the Standard
Specifications and the General Provisions will be given last precedence. In
the event of a conflict between any of the Standard Specifications with any
other referenced specifications, such as the 'Texas Department of Public
Transportation Standard Specifications for Highways, Streets and Bridges,
ASTM specifications, etc., the precedence will be given to addenda, Special
Provisions and Supplemental Special Provisions (if applicable), construction
plans, referenced specifications, Standard Specifications, and General
Provisions, in that order.
A-35 Cit Water Facilities: S ecial Re irements (NOT IISED1
,
E6i3~-~'-aG-'''~9 , r i
6a.re~~far}--~'~'eg~am-v~~~e-of€ered b . ",.}'^
aka--a~g3re } F v,_ ;-}k-•
re x
~iv c -1 a
section A - SP
(Revised 12/15/04)
Page 15 of 23
~'' EBacrcre~6~-L8~32i''S6~3i3e~ Ek3l-ts~
,
6. Ee~~~e•~e~-s~a~~--p~ev~~e
. ,
~s~ ~e-e~ea~~~-~a~P~ec~ .,~~ = e~ga~~. ., m rr., r 1
4, ~ -1~~-~643E'~ C~~ ^ rr na. e r ~ m F «. ~k+d~'t~~rs-s
---- -- i
s.
~~.,
Section A - SP
(Revised 12/15/04)
Page lb of 23
h
~ ' , .. t-~-.~ -~e~e<a~~
a -
e-
~ eet~~g t
~ -g
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r
wer-le-~Qes--~~ ~ 9--~ _
e
~
r r
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~ , ,- _ - i. .., ~e ,,., , a ~ ~,.,,~
r
~ '+- ~e~~~e~ ~~t t-14~9 ~e~t~aet~~ .,.. ,.. ..~
3 -I•k- L. ,.. ~',yte-~g-e~g~g~~-ri~cz=~-c.7"2- F ]F r c~ „a
n~~e~~ze~ at ~east~ea-~-
4 . -~I2 ' e~ste~e~~~ _ .
• r
a~~ =~g~-e~e~t}erg t~e-~ r ~ ~,.,.ggys-
~ rr
b~--I~--ma~~~a}mss a~e~'tna~e~tt---i=~~ `' ~` "' "' „~a
z~'v~-cC-i crc.~~f'~~--ar~'~~2~~3 ~ rtA : l e ,^ T, ~ r s~~e-ice
~aa-fit-a~~r, ~~~~, eat}~~ate a r n th~~""4
-mac r
~e~~-at~t~ea~, a~~ eq~r~e~3t
~~3~--~~•€sz^~~ree a~-t~ce a.--~--~~exte~s ~Tate~~~~.,.~
,.. - ~~.~e.6.graFEts tie - , s ..~... n,- ., a-
-ae-}~a--~-ee~~~'e~ to 9~eca tie-~o9=a• ~
SEA---9yA~e~~--~~t~ae~ed }s-a~-tea.=~~,, F ~~.~, ,.~. vea
a~~~a~e~r to tie C~t~-~~g}~ee~ w , , h.. ,~ .,a,, a, ,.; ~~
39 r ~ ~4~te~t~e~~ ~e~~eda a~~ a€ t~
Section A - SP
(Revised 12/15/04)
Page 17 of 23
A-36 Othez Submittals
1. Shop Drawing Submittal: The Contractor shall follow the procedure
outlined below when processing Shop Drawing submittals:
a. Quantity: Contractor shall submit number required by the City to
the City Engineer or his designated representative.
b. Reproducibles: In addition to the required copies, the Contractor
shall also submit one (1} reproducible transparency for all shop
drawings.
c. Submittal Transmittal Forms: Contractor shall use the Submittal
Transmittal Form attached at the end of this Section; and
sequentially number each transmittal form. Resubmittals must have
the original submittal number with an alphabetic suffix.
Contractor must identify the Contractor, the Subcontractor or
.supplier; pertinent Drawing sheet and detail number(s), and
specification Section number, as appropriate, on each submittal
form.
d. Contractor's Stamp: Contractor must apply Contractor's stamp,
appropriately signed or initialed, which certifies that review,
verification of Products required, field dimensions, adjacent
construction work, and coordination of information, is all in
accordance with the requirements of the Project and Contract
documents.
e. Scheduling: Contractor must schedule the submittals to expedite the
Project, and deliver to the City Engineer for approval, and
coordinate the submission of related items.
f. Marking: Contractor must mark each copy to identify applicable
products, models, options, and other data. Supplement
manufacturers' standard data to provide information unique to this
Project.
g. Variations: Contractor must identify any proposed variations from
the Contract documents and any Product or system limitations which
may be detrimental to successful performance of the completed work.
h. Space Requirements: Contractor must provide adequate space for
Contractor and Engineer review stamps on alI submittal forms.
2 Resubmittals: Contractor must revise and resubmit submittals as
required by City Engineer and clearly identify all changes made
since previous submittal.
j. Distribution: Contractor must distribute copies of reviewed
submittals to subcontractors and suppliers and instruct
subcontractors and. suppliers to promptly report, thru Contractor,
any inability to comply with provisions.
2. Samples: The Contractor must submit samples of finishes from the full
range of manufacturers' standard colors, textures, and patterns for City
Engineer's selection.
Sectioa A - SP
(Revised 12/15/04}
Page 18 of 23
3. Test and Repair Report
When specified in the Technical Specifications Section, Contractor must
submit three (3) copies of all shop test data, and repair report, and
all on-site test data within the specified time to the City Engineer for
approval. Otherwise, the related equipment will not be approved for use
on the project.
A 37 Amended °Arrangemeat and Charge for Water Fuzaished by the City" NOT USSR
~..9 ~ T.1.-. t- L~. L. ~ .~7e7 4-1~ F~.l l.-. - -
...1 - -_ _
A 38 Worker's Compensation Coverage for Building or Construction Projects for
Government Entities
The requirements of "Notice to Contractors `B "' are incorporated by reference
in this Special Provision.
A-39 Certificate of Occupancy and Finai Acceptance
The issuance of a certificate of occupancy for improvements does not
constitute final acceptance of the improvements under General Provision 8-8-
9.
A-40 Amendment to Section B-8-6: Partial Estimates
General Provisions and Requirements for Municipal Construction Contracts
Section B-8-6: Partial Estimates is amended to provide that approximate
estimates from which partial payments will be calculated will not include the
net invoice value of acceptable, non-perishable materials delivered to the
Project worksite unless the Contractor provides the City Engineer with
documents, satisfactory to the City Engineer, that show that the material
supplier has been paid for the materials delivered to the Project worksite.
A-41 Ozone Advisory NOT USED
eei~ensated at~re~}t-~~iee a • ~. ,, ~,..L__ .............
A-42 OSHA Rules & Regulations
It is the responsibility of the Contractors} to adhere to all applicable
OSHA rules and regulations while performing any and all City-related projects
and or jobs.
A-43 Amended Indemnification & Hoid Harmless
Under "General Provisions and Requirements for Municipal Construction
Contracts" 8-6-21 Indemnification & Hold Harmless, text is deleted in its
entirety and the following is substituted in lieu thereof:
Section A - SP
(Revised 12/15/04}
Page 19 of 23
The Contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and .agents from any and all damages, injury or
liability whatsoever from an act or omission of the contractor, or any
subcontractor, supplier, materialman, or their officials, employees,
agents, or consultants, or any work done under the contract or in
connection therewith by the contractor, or any subcontractor, supplier,
materialman, or their officials, employees, agents, or consultants.
The contractor shall hold the City, its officials, employees, attorneys,
and agents harmless and shall indemnify the City, its officials,
employees, attorneys, and agents from any and all damages, injury, or
liability whatsoever from a negligent act or omission of the city, its
officials, employees, attorneys, and agents that directly or indirectly
causes injury to an employee of the contractor, or any subcontractor,
supplier or materialman.
A-44 Change Orders
Should a change order(s) be required by the engineer, Contractor shall
furnish the engineer a complete breakdown as to all prices charged for work
of the change order (unit prices, hourly rates, sub-contractor's costs and
breakdowns, cost of materials and equipment, wage rates, etc.). This
breakdown information shall be submitted by contractor as a basis for the
price of the change order.
A-45 As-Built Dimeasions and Drawings {7/5/00}
(a) Contractor shall make appropriate daily measurements of facilities
constructed and keep accurate records of location (horizontal and
vertical) of all facilities.
(b) Upon completion of each facility, the Contractor shall furnish
Owner with one set of direct prints, marked with red pencil, to
show as-built dimensions and locations of all work constructed. As
a minimum, the final drawings shall include the following:
(1} Horizontal and vertical dimensions due to
substitutions/field changes.
(2} Changes in equipment and dimensions due to substitutions.
(3} "Nameplate" data on all installed equipment.
(4) Deletions, additions, and changes to scope of work.
{5} Any other changes made.
A-46 Disposal of Highly Chlorinated water {7/5/00) DTOT USED
,
Section A - SP
(Revised 12/15/04)
Page 20 of 23
A-47 Pre-Construction Exploratory Sxcavatione (7/5/00) NOT USED
pipeline.
~~~ ~ ..
ap~~a~te sta~ien ~heree€, dieta~~ee ~e the ~a~*eme~t--e~=b~Y-'
e~eir~ke~s e€ .the ~,.r ..F ~ ~ ~ ",
l ~ F 7.. .. .7w •l. 4 ~ iL. , F iL..~ o l
l
A-48 Overhead Electrical Wires (7/5/00)
Contractor shall comply with all OSHA safety requirements with regard to
proximity of construction equipment beneath overhead electrical wires. There
are many overhead wires crossing the construction route and along the
construction route. Contractor shall use all due diligence, precautions,
etc., to ensure that adequate safety is provided for all of his employees and
operators of equipment and with regard to ensuring that no damage to existing
overhead electrical wires or facilities occurs.
Contractor shall coordinate his work with CP&L and inform CP&L of his
construction schedule with regard to said overhead lines.
Some overhead lines are shown in the construction plans, while others are
not. It shall be the Contractor's sole responsibility to provide for adequate
safety with regard to overhead lines whether shown in the plans or not.
A-49 Amended "Maintenance Guaranty" (8/24/00)
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-8-11 Maintenance Guaranty, add the following:
"The Contractor's guarantee is a separate, additional remedy available
to benefit the City of Corpus Christi. Neither the guarantee nor
expiration of the guarantee period will operate to reduce, release, or
relinquish any rights or remedies available to the City of Corpus
Christi for any claims or causes of action against the Contractor or any
other individual or entity."
Section A - SP
(Revised 12/15/04)
Page 21 0£ 23
A-50 Amended Prosecution and Progress
Under "General Provisions and Requirements for Municipal Construction
Contracts", B-7 Prosecution and Progress, add the following:
"Funds are appropriated by the City, on a yearly basis. If funds, for
any reason, are not appropriated in any given year, the City may direct
suspension or termination of the contract. If the Contractor is
terminated or suspended and the City requests remobilization at a later
date, the Contractor may request payment for
demobilization/remobilization costs. Such cost shall be addressed
through a change order to the contract."
Section A - SP
(Revised 12/15J04)
Page 22 0£ 23
SUBMITTAL TRANSMITTAL FORM
PROJECT: MUSEUM OF SCIENCE AND HISTORY
HVAC/AIR HANDLING UNIT/CHILLER/GENERATOR AND FIRE/SSCURTTY
REPAIRS AND/OR REPLACEMENT PROJECT 4378
OWNER: CITY OF COT2PUS CHRISTI
ENGINEER: BATH ENGINEERING CORPORATION
CONTRACTOR:
SUBMITTAL DATE:
APPLICABLE SPECIFICATION
OR DRAFTING
SUBMITTAL
SUBMITTAL NUMBER:.
section A - sP
(Revised 12/15/04)
Page 23 of 23
A G R E E M E N T
THE STATE OF TEXAS ~
COUNTY OF NUECES §
THIS AGREEMENT is entered into this 15TH day of DECEMBER,
2009, by and between the CITY OF CORPUS CHRISTI of the County of
Nueces, State of Texas, acting through its duly authorized City
Manager, termed in the Contract Documents as "City," and Malek,
Inc. termed in the Contract Documents as "Contractor," upon these
terms, performable in Nueces County, Texas:
In consideration of the payment of $705,023.00 by City and
other obligations of City as set out herein, Contractor will
construct and complete certain improvements described as follows:
MUSEUM OF SCIENCE AND HISTORY HVAC/AIR HANDLING UNIT/CHILLER/
GENERATOR AND FIRE/SECURITY REPAIRS AND/OR REPLACEMENT
PROJECT N0.4378
(TOTAL BASE BID + AA1 + AA2: $705,023.00)
according to the attached Plans and Specifications in a good and
workmanlike manner for the prices and conditions set out in their
attached bid proposal supplying at their expense such materials,
services, labor and insurance as required by the attached Contract
Documents, including overseeing the entire job. The Contract
Documents include this Agreement, the bid proposal and
-_ instructions, plans and specifications, including all maps, plats,
blueprints, and other drawings, the Performance and Payment bonds,
addenda, and related documents all of which constitute the contract
for this project and are made a part hereof.
Agreement
Page 1 of 2
I II ITI V
ITEM QTY Description Total
Remove (3) multi-zone units and 1
constant volume unit and replace with
2 variable air volume units (VAV) with
series fan powered terminal units,
including new 18" roof curbs and
roofing repair. Remove and replace
(4) constant volume air handling
.Base units. Remove and replace clogged
Bid piping in the chilled and hot water
piping. Install new exhaust hood for
paint/work bench. Remove and replace
electrical panels DPA, DPB, and a
manual transfer switch in the main
mechanical room. Provide connections
for temporary generator. Install new
secure card access system for (4)
storage axeas. Install new insulated
vestibule to reduce heat infiltration
at rear roll-up door entrance to ~~,,
workroom. All systems complete and in $ ~ ~~
place per lump sum.
ALTERNATE BIDS
AA1 Upgrade fire alarm panel, related
detectors and A/V devices complete and
in place per lump sum.
$
Remove (4) exit doors and replace with
(4) automatic slide exit doors.
AA2 Install new pedestrian handrail on
main entry steps complete and in place _ v-Q_
$~~,,j~
per lump sum.
BID S'CIN~,IARY
BASE BID:
BASE HID + AA1 BID:
BASE BID + AA1 BID + AA2 BID:
$ Ca5'`~~~~3
$ ~`~
The Contractor will commence work within ten (10) calendar
days from date they receive written work order and will complete
same within 210 CALENDAR DAYS after construction is begun.
Should Contractor default, Contractor may be liable for liquidated
damages as set forth in the Contract Documents.
City will pay Contractor in current funds for performance of
the contract in accordance with the Contract Documents as the work
progresses.
Signed in 4 parts at Corpus Christi, Texas on the date shown
above.
ATTEST . ,.~
City Secretary G''
CITY OF C RPUS CHR ST \~
By: ~
Juan Perales, Jr.,P.E.
Assistant City Manager
Engineering/Development Services
APPROVED~(~A~S TO LEGAL FORM:
By . ~~ ~' -
Asst. City Attorney
~"~
I•€ Person suing ,~
•on xs not E~eside~zt,
. a:op~ of anthor%z~~~oa
~~...... ~ AUTNOR1ZEd
w
a~ ~uwce~ .....(..1
1
.SECRETARY
~~2~ ''-
By:
Pete Anaya, P.E.
Director of Engineering Services
CONTRACTOR
Malek In
By: e
Title: CrV ,
P. O. BOX 6 7 9 -• ~-s
(Address)
CORPUS CHRISTI, TX 78403
(City) (State)(ZIP)
361/888-8281 * 361/888-7257
(Phone) (Fax)
Agreement
Page 2 of 2
P R O P O S A L F O R M
F O R
MUSEUM OF SCIENCE AND HISTORY
HVAC/AIR HANDLING UNIT/CHILLER/GENERATOR AND
FIRE/SECURITY REPAIRS AND/OR REPLACEMENT
.PROJECT N0. 4378
DEPARTMI^sNT OF ENGINEERING SERVICES
CITY' OF CORPDS CHRISTI, TEXAS
Proposal Form
Page 1 of 6
P R O P O S A L
Place:
Date. jl -y -O~
Proposal of Meek. ~iyL
a Corporation organized and existing under the laws of
the State of ~~X~4 S
OR
a Partnership or Individual doing business as
TO: The City of Corpus Christi, Texas
Gentlemen:
The undersigned hereby proposes to furnish all labor
and materials, tools, and necessary equipment, and to perform
the work required for:
MUSEUM OF SCIENCE AND HISTORY
HVAC/AIR HANDLING UNIT/CHILLER/GENERATOR AND
FIRE/SECURITY REPAIRS AND/OR REPLACEMENT
PROJECT NO. 4378
at the locations set out by the plans and specifications and in
strict accordance with the contract documents for the following
prices, to-wit:
I II III V
ITEM- QTY Description Total
Remove (3) multi-zone units and 1
constant volume unit and replace with
2 variable six volume units (VAV) with
series fan powered terminal units,
including new 18" roof curbs and
roofing repair. Remove and replace
(4) constant volume air handling
.Base .units. Remove and replace clogged
Bid piping in the chilled and hot water
piping. Install new exhaust hood for
paint/work bench.. Remove and replace
electrical .panels DPA, DPB, and a
manual transfer switch in the main
mechanical room. Provide connections
for temporary generator. Install new
secure card access system for (4)
storage areas. Install new insulated
vestibule to reduce heat infiltration
at rear roll-up door entrance to ~~
workroom. All systems complete and in _~1
$~5 7_~'3~
place per lump sum.
ALTERNATE BIDS
Upgrade fire alarm panel, related
AA1 detectors and A/V devices complete and
in place per lump sum. $~
Remove (4) exit doors and replace with
(4) automatic slide exit doors.
AA2 Install new pedestrian handrail on
main entry steps complete and in place „~, v4
$ ~ '~
per lump sum.
BID SUN4+7ARY
BASE BID:
BASE BID + AA1 BID:
BASE BID + AA1 BID + AA2 BID:
$ ~s~ ~ ~~3
$ ~`~
7-
The undersigned hereby declares that he has visited
the site and has carefully examined the plans, specifications
and contract documents relating to the work covered by his bid
or bids, that he agrees to do the work, and that no
representations made by the City are in any sense a warranty but
are mere estimates for the guidance of the Contractor.
Upon notification of award of contract, we will within
ten (10) calendar days execute the formal contract and will
deliver a Performance Bond {as required) for the faithful
performance of this contract and a Payment Bond {as required) to
insure payment for all labor and materials. The bzd bond
attached to this proposal, in the amount of 50 of the highest
amount bid, is to become the property of the City of Corpus
Christi in the event the contract and bonds are not executed
within the time above set forth as liquidated damages for the
delay and additional work caused thereby.
Minority/Minority Business Enterprise Participation:
The apparent low bidder shall, within five days of receipt of
bids, submit to the City Engineer, in writing, the names and
addresses of MBE firms participating in the contract and a
description of the work to be performed and its dollar value for
bid evaluation purpose.
Number of Signed Sets of Documents: The contract and
all bonds will be prepared in not less than four counterpart
(original signed) sets.
Time of Completion: The undersigned agrees. to
complete the work within 210 ealendar days from the date
designated by a Work Order.
The undersigned further declares that he will provide
all necessary tools and apparatus, do all the work and furnish
all materials and do everything required to carry out the .above
mentioned work covered by this proposal, in strict accordance
with the contract documents and the requirements pertaining
thereto, for the sum or sums above set forth.
Receipt of the following addenda is acknowledged
(addenda number) : I - y
Respectful subm tied:
Name : - Ov ~~~/
By:
(SEAL - IF BIDDER IS IGNATURE)
a Corporation) Address : ~~~C ~ ~~/ ~G?~~~
O. Box) (Street)
~s• T~( 78ya3
(City} (State} (Zip)
Telephone : ~ (~ - ~~$- ?a~j 7
NOTE: Do not detach bid from other papers.
Fill in with iak and submit complete
with attached papers. (Revised August 2000)
P A Y M E N T B O N D
STATE OF TEXAS § BOND NO. PRF08962270
COUNTY OF NUECES ~
I~TOW ALL BY THESE PRESENTS:
THAT Malek, Inc. of NUECES County, Texas,
hereinafter called "Principal", and FIDELITY AND DEPOSIT COMPANY OF MARYLAND "
a corporation organized under the laws of the State of MARYLAND ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", and unto all persons, firms and
corporations supplying labor and materials in prosecution of the
work referred to in the attached contract, in the penal sum of
SEVEN HUNDRED FIVE THOIISAND, TifIENTY-THREE AND NO/100($705,023.00)
DOLLARS, lawful money of the United States, to be paid in Nueces
County, Texas, for the payment of which sum well and truly to be
made we bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents:
"' COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
TH8 CONDITION OF THIS OBLIGATION IS SIICH THAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 15TH day DECEMBER 20 09 a copy of which
is hereto attached and made a part hereof, for the construction of:
MOSEUM OF SCIENCE AND HISTORY HVAC/AIR HANDLING UNIT/CHILLER/
GENERATOR AND FIRE/SEC[JRITY REPAIRS AND/OR REPLACEL~NT
PROJECT N0.4378
(TOTAL SASE BID + AA1 + AA2: $705,023.00).
NOW, THEREFORE, if the principal shall faithfully perform its
duties and make prompt payment to all persons, firms,
subcontractors, corporations and claimants supplying labor and
material in the prosecution of the work provided for in said
contract and any and all duly authorized modification of said
contract that may hereinafter be made, notice of which modification
to the surety is hereby expressly waived, then this obligation
shall be void; otherwise to remain in full force and effect.
PROVIDED F[JRTHER, that if any legal action be filed upon this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Payment Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas. The terms "Claimant", "Labor" and "Material",
as used herein are in accordance with and as defined in said
Article.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising .out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of which shall be deemed an original, this the 21ST
day of DECEMBER , 2009
PRINCIPAL
MALEK, INC
By:
'J~(/4 ~~/. C~ b
(Print Name & Title)
ATTEST
SURETY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY-
By : `~ - --o__-
Attorney-in-fact
TAMI J DUNCAN
(Print Name)
Agency: SWANTNER & GORDON
Contact Person: MARY ELLEN MOORE
Address : P. O. BOX 870 '
CORPUS CHRISTI, TEXAS 78403
Phone N~mrber: 361-883-1711
(NOTE: Date of Payment Bond must not be prior to date of contract) (Revised 3f08)
Payment Bond
Page 2 of 2
P E R F O R M A N C E B O N D
STATE OF TEXAS § BOND NO. PRF08962270
IQiON ALL BY TSESE PRESENTS:
COUNTY OF NOECES §
THAT Malak, Inc. of NUEC83 County, Texas,
hereinafter called "Principal", and FIDELITY AND DEPOSIT COMPANY OFMARYLANq• a
corporation organized under the laws of the State of MARYLAND ,
and duly authorized to do business in the State of Texas,
hereinafter called "Surety", are held and firmly bound unto the
City of Corpus Christi, a municipal corporation of Nueces County,
Texas, hereinafter called "City", in the penal sum of SEVEN HUNDRED
FIVE THOUSAND, TNEriTY-THREE AND NO/100 ($705,023.00) DOLLARS,
lawful money of the United States, to be paid in Nueces County,
Texas, for the payment of which sum well and truly to be made we
bind ourselves, our heirs, executors, administrators and
successors, jointly and severally, firmly by these presents:
`COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
THB CONDITION OF THIS OBLIGATION I3 SUCH TEAT: Whereas, the
principal entered into a certain contract with the City of Corpus
Christi, dated the 15TH of DECEMBER 20 09 a copy of which is
hereto attached and made a part hereof, for the construction of:
MUSEUM OF SCIENCE AND HISTORY SVAC/AIR HANDLING UNIT/CHILLER/
GENERATOR AND FIRE/SECURITY REPAIRS AND/OR REPLACEMENT
PROJECT N0.4378
(TOTAL BASE BID + AA1 + AA2: $705,023.00)
NON, THEREFORE, if the principal shall faithfully perform said
work in accordance with the plans, specifications and contract
documents, including any changes, extensions, or guaranties, and if
the principal shall repair and/or replace all defects due to faulty
materials and/or workmanship that appear within a period of one (1)
year from the date of completion and acceptance of improvements by
the City, then this obligation shall be void; otherwise to remain
in full force and effect.
PROVIDED FtJRTBSR, that if any legal action be filed on this
bond, venue shall lie in Nueces County, Texas.
And that said surety for value received hereby stipulates that
no change, extension of time, alteration or addition to the terms
of the contract, or to the work performed thereunder, or the plans,
specifications, drawings, etc., accompanying the same shall in
anywise affect its obligation on this bond, and it does hereby
waive notice of any such change, extension of time, alteration or
addition to the terms of the contract, or to the work to be
performed thereunder.
Performance Bond
Page 1 of 2
This bond is given to meet the requirements of Article 5160,
Vernon's Civil Statutes of Texas, and other applicable statutes of
the State of Texas.
The undersigned agent is hereby designated by the Surety
herein as the Agent Resident in Nueces County to whom any requisite
notices may be delivered and on whom service of process may be had
in matters arising out of such suretyship, as provided by Art.
7.19-1, Vernon's Texas Insurance Code.
IN WITNESS WHEREOF, this instrument is executed in 4 copies,
each one of w hich shall be deemed an original, this the 21ST
day of DECEMBER , 20 09
PRINCIPAL
MALEK, INC.
By:
Ov ~ ~D
{Print Na e & Title)
ATTEST
.s ~l,~e {~ v i,igr~ek 12~s l C~~~
(Print Name & Title)
SURETY
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~ ~~ ~ `-- '
B
y:
Attorney-in-fact
TAMI J DUNCAN -
(Print Name) •, .
;;.
~. , .,
Agency: SWANTNER & GORDON
Contact Person: MARY ELLEN MOORE -
Address : P. O. BOX 870
CORPUS CHRISTI. TEXAS 78403
Phone Number: 361-883-1711
(NOTE: Date of Performance Bond must not be prior to date of contract)(Revised 3/08)
Performance Bond
Page 2 of 2
~ >
~R CERTIFICATE OF LIABILITY INSURANCE °~;
~i° DATE (MMIDD/YYYY)
E> 12/21/09
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF IN FORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Swaatner & Gordon Ins Agcy-CC HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
PO Box 870 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Corpus Christi TX 78403-0870
phone: 361-883-1711 Fax:361-844-0101 INSURER3 AFFORDING COVERAGE NAIC M
INSURED ~ INSURER A: Republic L10ydS 19208
INSURER B: Republic Underwriters 24538
Malek, Inc.
Attns Frank Malek INSURER C: Texas >!I<utual IRS CO 22945
PO BOx 679
i T
78403
i
h INSURER D: $outhera IASUraace CO 19216A
X
Corpus C
r
st
i INSURER E:
COVERAGES
I THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITK)N OF ANY CONTRACT OR OTHER DOCUMENT W ITH RESPECT TO W HIGH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
LTR NSR TYPE OF INSUR E POLICY NUMBER DATE MMfDD/Y DATE MMR)D/YYY LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000
A X COMMERCIAL GENERAL LIABILITY CDs 63 621602 12 / 31 / 09 12 / 31 / 10 PREMISES Ea oxurence $ 100 , OO 0
CLAIMS MADE ~ OCCUR ~ MED EXP (Any one person) $ 5 , O O O
PERSONALBADV INJURY $ 1, OOO, OOO
X Per PrOjeCt Gen A GENERAL AGGREGATE $ 2, OOO, OOO
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS • COMP/OP AGG $ 2 , O O O , O O O
POLICY X ~ECT Loc Bea. 1, 000, 000
AUT OMDBILE LIABILITY COMBINED SINGLE LIMIT
1
000
000
B X ANY AUTO BAP563621702 12/31/09 12/31/10 (Eaacddent) ,
,
$
ALL OW NED AUTOS , / BODILY INJURY
SCHEDULED AUTOS `/ (Per person) $
X HIRED AUTOS BODILY INJURY
$
J( NON-OWNED AUTOS (Peracadent)
PROPERTY DAMAGE
(Peracadenq $
GARAGE LIABILITY AUTO ONLY • EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE S,000,OOO
D X OCCUR ~ CLAIMSMAOE 0188563621802 12/31/09 12/31/~N AGGREGATE $ 5, OOO, OOO
V/ $
DEDUCTIBLE S
]( RETENTION $ 1O, O S
WOR
AND KER
EMP S COMPENSATION
LOYERS' LIABILITY X TORY LIMITS ER-
(,' ANY PROPRIETOR/PARTNER/EXECUTIVE~ TSF0001139713 12/31/09 12/31/10 E.L. EACH ACCIDENT $1,000,000
OFFICER/MEMBER EXCLUDED4
(MandatorylnNH)
~
E.L. DISEASE-EA EMPLOYEE
$1,000,000
If yes desaibe under
SPECIAL PROVISIONS below
E.L. DISEASE -POLICY LIMIT
$ 1, OOO, OOO
A
A OTHER /
Installation Fltr J
Rntd/Lsd i
CbID563621602
CbD?563621602
.,..,Q ...~.. e,. ~.,...,ee
12/31/09
12/31/09
~..~.... Qe~..,., oe..
12/31/10
12/31/10
.,~~.~e
Iastl Flt ~ 1, 000, 000
Ratd/Lsd 100,000
----......-•--- ---•----~----- ---- - - - --- - --- V
Project 4378. >rluseum of Scieacs and History HVAC/Air HaadlinQ Unit/Chiller/
Generator and Firs/Security Repairs and/or Replacement. Addtl Insured as
required by written insured contract is favor of the Certificate Holder
applicable to GL and Auto Liability policies. Waiver of Subrogation as
required by written insured contract in favor of the Certificate Holder.
CERTIFCATE HOLDER CANCELLATION
CICC-C5
City of Corpus Christi
Department of Engineering Svcs
Attn: Contract AdDUnistrator
PO Hox 9277
corpus Christi TX 78469-9277
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES SE CANCELLED BEFORE THE EXPIRATID
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3O DAYS WRITTEN
NOTICE TO THE CERTIFK:ATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
ACORD 25 (2009/01) ®1988-2009 ABC
The ACORD name and logo are registered marks of ACORD
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized
representative or producer, and the certificate holder, nor does it affirmatively or negatively amend,
extend or alter the coverage afforded by the policies listed thereon.
ACORO 25 (2009/01)
Malek, Inc. QNP5636216 ;1i v
~~dditional Insured - prima Covera
rY ge
This endorsement changes the policy. Please read it carefully.
Thls endorsement modifies insurance provided under the following:
~Cornmercial General Liability Coverage Form
Schedule
Name of Person or Organization:
* ANY CERTIFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WZTH THE NAMED
/INSURED TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAMED INSURED'S GENERAL
p/ LIABILITY COVERAGE.
CERTIFICATES ARE ON FILE WITH YOUR AGENT.
Who is an Insured (Section II) is amended to Furthermore, the following is added to paragraph 4..
include the person or organization shown in the Commercial General Liability Conditions (Section
Schedule, but only with respect to such person's or IV):
organization's vicarious liability for your negligent
acts or omissions committed in the course of your
ongoing operations performed for such person or '~~ Other Insurance
organization, and excluding any negligent acts or
d. The insurance provided by this
omissions of such person or organization.
endorsement is primary for the person
or organization shown in the Schedule.
Other insurance afforded to such
person or organization will apply as
excess and not contribute as primary
to the insurance afforded by this
endorsement.
;.~
~/ ~' Kam. .i~
,~"~ ;~:
ly.. ~P
.L PI)~2 IOS?
'7~e 1 pf 1
tNalek, Inc. (1-~563621602
Republic Plus+ general Liability
Commercial General Liability -Enhancement Endorsement
This endorsement changes the policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
Commercial General Liability Coverage Form
'Nith respect to coverage provided by this endorsement , the provisions of the Coverage Form apply unless
modified by the endorsement.
1. Medical Payments 4. Non-Owned Watercraft
Subject to the terms of Section III -Limits of Exclusion g. of Section I - Coverages, Coverage
Insurance, the Medical Expense Limit is the A Bodily Injury and Property Damage does not
higher of: apply to any watercraft under 51 feet long that is
a. $10,000; or neither:
b. The amount shown in the Declarations for a. Owned by you; nor
P,Aedical Expense Limit. b. Being used to carry persons or property for a
Under Section I -Coverages, Coverage C - charge.
P.Aedical Payments, paragraph 1.a. (3),
subparagraph 2, is amended to read as follows This additional insurance is excess over any other
valid and collectible insurance available to the
(2) The expenses are incurred and insured whether primary, excess, or contingent.
reported to us within two years of the 5. Broad Notice of Occurrence
date of accident
2. Supplementary Payments Increased Limits Paragraph 2.a. of Section IV - Commercial
General Liability Conditions is deleted and
Paragraph 1 of Section I - Coverages, replaced by the following:
Supplementary Payments - Coverages A and B is a. You must see to it that we are notified as soon
amended as follows: as practicable of an "occurrence" or an
b. Up to $2,500 for the cost of bail bonds offense which may result in a claim.
Knowledge of an "occurrence" or an offense
required because of accidents or traffic law
violations arising out of the use of any vehicle by your "employees" shall not, in itself,
constitute knowledge to you unless your
to which the Bodily Injury Liability Coverage partners, "executive officers"
directors
applies. We do not have to furnish these
bonds ,
,
insurance manager or risk manager shall
. have actually received notice. To the extent
3. Additional Insured by Contract
Agreement or possible, notice should include:
,
Permit (1) How, when and where the "occurrence" or
Section II - 'Nho is an Insured, is amended to offense took place;
include as an insured any person or organization (2) The names and addresses of any
you are required by a ~.vritten contract, insured persons and witnesses; and
agreement, or permit to name as an insured, but
only with respect to "bodily injury" or "property
dama
e" arisin
out
f
h (3) The nature and location of any injury or
g
g
o
suc
person or
orgarnzation's vicarious liability for your negligent damage arising out of the "occurrence" or
offense.
acts or omissions committed in the course of your
ongoing operations performed for such person or The following is added to Paragraph 2. of Section
organization, and excluding any negligent acts or IV - Commercial General Liability Conditions:
omissions of such person or organizatron.
e. If you fail to give us notice of an "occurrence",
This insurance does not apply to such person or offense, claim or "suit", solely due to your
organization unless the contract, agreement or reasonable and documented belief that the
permit is made prior to when the "bodily injury" or
"property damage" occurs.
a; f?019 DnC i _ :~,•d,m~s !;~7nyngi~ted r.Ir~IFnal :~.ith Perm ;snn - - S.~G ;r j _
_ _ e.
Malek, Lnc. ~1~1P563621602
occupied by you with permrssion of the
owner, arisrng out of damage" to
premises. while rented to any one fire,
lightning, explosion or sprinkler leakage
"occurrence".
a. Coverage under this provision is affordec
only until the 180`' day after you acquire
~~r form the organization or the end of the
policy period, whichever is earlier,
b. Coverage A does not apply to "bodily
Subject to all the terms of Section III - ~ injury" or "property damage" that
Limns of Insurance, the Damages to occurred before you acqu,red or formed
Premises Rented to You Limit is the the organization; and
greater of:
c. Coverage 8 does not apply to "personal
a. $250,000; or ~1 ~ and advertising injury" arising out of an
offense committed before you acquired
b. The amount shown in the ~ ~ or formed the organization.
Declarations for Damages to
Premises Rented to You Limit. 11. Blanket Waiver of Subrogation
C. Paragraph 4.b.1.b. of Section IV -
Commercial General Liability Conditions is
amended to read
(bj That is Fire, Lightning, Explosion, Sprinkler
Leakage or any similar insurance coverage
for premises rented to you or temporarily
occupied by you with permission of the
owner; or
9. Extended Property Damage
Exclusion 2.a. of Section 1 -Coverages,
Coverage A Bodily Injury and Property Damage
is replaced by the following:
a. "Bodily injury" or "property damage" expected
or intended from the standpoint of the insured.
This exclusion does not apply to "bodily injury"
or "property damage" resulting from the use of
reasonable force to protect persons or
property.
10. Newly Formed or Acquired Organizations
Paragraph 4. of Section II - Who is an Insured, is
replaced by the following:
4. Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain ownership or majority interest, will
qualify as a Named Insured if there is no
other similar insurance available to that
organization. However:
Section IV -Commercial General Liability
/ Conditions, Item S. is replaced with:
J
3. Transfer of Rights of Recovery Against Others
to Us and Blanket Waiver of Subrogation
a. If the insured has rights to recover all or
part of any payment we have made
under this Coverage Part, those rights
are transferred to us. The insured must
do nothing after loss to impair those
rights. At our request, the insured will
bring "suit" or transfer those rights to us
and help us enforce them.
If required by a written "insured contract"
signed prior to an occurrence or offense,
we waive any right or recovery we may
have against any person or organization
because of payments we make for
'bodily injury", 'property damage" or
'personal and advertising injury" arising
our of your operations or work for that
person or organization.
Ir .AR'~y ~ ~ ..~
J ~ ,,,,,,,~ ,~,~ i ~i ~ yr
~ ••95'.
,G f?017 Gn~a - :~r~tain~ C~~pyngr`ted L18lenai :edh PgfT~SSlr,r+ ~ ,nP ~ .,~ ~
Malek, Inc. I3AP563621702 ,/
Blanket Additional Insured
This endorsement changes the policy. Please read it carefully.
This endorsement modifies insurance provided under the following:
Business Auto Coverage Form
Garage Coverage Form
J Truckers Coverage Form
The provisions and exclusions that apply to Liability Coverage also apply to this endorsement
Where required by contract, the names and You are authorized to act for the additional insured
addresses of all additional insureds on file with the in all matters pertaining to this insurance.
insurer or the agent is an insured, but only with
respect to legal responsibility for acts or omissions of We will mail the additional insured notice of any
a person for whom Liability Coverage is afforded cancellation of this policy. If the cancellation is by us,
under this policy. we will give ten days notice to the additional
insured.
The additional insured is not required to pay for any
premiums stated in the policy or earned from the The additional insured will retain any right of
policy. Any return premium and any dividend, if recovery as a claimant under this policy.
applicable, declared by us shall be paid to you.
rd . lY . 4 :.. ,
y. .. .-
~~
~d R0050202 --- ------- Page ~ of t
Malek, Inc.
POLICY NUti16ER:~~~~1~~ COMMERCIAL GENERAL LIABILITY
CG 02 OS 12 04
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
TE~CAS CHANGES -AMENDMENT OF CANCELLATION
I~ROVISIONS OR COVERAGE CHANGE
This endorsement modifies insurance provided under the following:
d COMMERCIAL GENERAL LIABILITY COVERAGE PART
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
POLLUTION LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage
Part, we agree to mail prior written notice of cancellation or material change to:
SCHEDULE
1. Name: ~"-. 3~LCW
2. Address:
3. Number of days advance notice: 3 0 *
Information required to complete this Schedule, if not shown above, will be shown in the Declarations.
* ANY CERTZFICATE HOLDER WHO IS REQUIRED BY WRITTEN CONTRACT WITH THE NAL~D
INSURED
TO BE ADDED AS AN ADDITIONAL INSURED TO THE NAND INSURED'S GENERAL LIABILITY
CERTIFICATES ARE ON FILE WITH YOUR AGENT.
** EXCEPT 10 DAYS IN THE EVENT OF CANCELLATION FOR NON PAYMENT,pREMIUM
d+
/ ~,-~ - #
~x ~'' -!' r i ~ ~`'
CG 02 05 12 04 ;~~ ISO Properties, Inc.. 2003 Page 1 of 1 ^
I'E 02112A
C.~~CELLA't10N PROVISION OR COVERAGE CHANGE ENUORSE~tENT
this endorsement modit3es insurance provided under the ti~llowing:
f
BUSINESS ~1U'I'O COVERAGE
FORM
GARAGE COVERAGE FORiN
TRUCKERS COVERAGE
FORM
Chis endorsement changes the policy effective on the inception date of the policy unless another date is
indicated below:
Endorsement Effective
12/31/p9 Policv Number /
~/ • '
BAP563621Td2 ,;~~~' .,.~~ ~`
Named Insured , /
:V[alek, Inc. ,+~ ~ --
Countersigned by ~~~-~'"•~'~' '~ ~-;:~ ,~ ..~
(Authorized Representative)
THIRTY (30) days before this policy is canceled or materially changed to reduce or restrict coverage
we will mail notice of the cancellation or change to:
City of Corpus Christi
Dept. Of Engineering Services
Attn: Contract Administrator
P. O. Box 9277
Corpus Christi, TX 78469-9277
:.~,.~~
Authorized Representative: _ • ;'=~ °~'
ro ~~.
--- .. 3
Name (Printed):
~Citle (Printed):
R. M. Lee
1~ianaging Partner
FORM TE 02 O2A - CANCELLA"LION PROVISION OR COVERAGE CHANGE ENDORSE~[ENT
Texas Standard Automobile
Endorsement
(Ed. Effective 3/92)
Malek, Inc. IiAP5636217O2
Blanket Waiver of Subrogation
This endorsement changes the policy. Please read it carefully.
this endorsement modifies insurance provided under the following:
Business Auto Coverage Form
Garage Coverage Form
Truckers Coverage Form
~;Vhere required by contract. Loss Conditions A.S.,
"Transfer of Rights of Recovery Against Others to
Us", does not apply if the persons or organizations
are on file with the insurer or the agent.
Derr a~ .-~
Jam;?~ ~~
r:. ~ ,
CA R002 0202 Page 1 of 1
WORKERS COMPENSATION .1ND EMPLOYERS LL~[31LITY INSU[L1NCE POLICY WC -Il 06 U1
(E D. 7-HS)
fEX~~S NO"TILE OE MA"I'ERIAL CFIANGE ENDORSEMENT
This endorsement :applies only to the insurance provided by the policy because "1'eras is shown in
item 3.A. of the Information Page.
[n the event of cancellation ur other material change of the policy, we will mail advance notice to the
person or organization named in the Schedule. The number of days advance notice is shown in the
Schedule.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
Schedule
1. Number of days advance notice: 30 ' /
2. Notice will be mailed to:
City of Corpus Christi
Department of Engineering Services
Attn: Contract Administrator
P O Box 9277
Corpus Christi, TX 78469-9277
This endorsement changes the policy to which it is attached and is effective on the date issued unless
otherwise stated. (The information below is required only when this endorsement is issued subsequent to
preparation of the policy.)
Endorsement Effective: 12/31/ Oq Policy No
Insured Malek, Inc.
Insurance Company
WC 420601
TSF0001139713
Countersigned
By:
Name (Printed):
Endorsement No. 3
Premium. _ - $ _
t~
R. M. Lee
(Ed. 7-Sd) Title (Printedj: Managing Partner
~~ WORKERS' COMPENSATION AND EMPLOYERS
~~ LIABILITY INSURANCE POLICY
M
utu
Insurance Company
WC420304A
TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT
This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the
Information Page.
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our
right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury
arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver
from us.
This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule.
The premium for this endorsement is shown in the Schedule.
Schedule
1. ( ) Specific Waiver
Name of person or organization
( X) Blanket Waiver
Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver.
2. Operations: ALL TEXAS OPERATIONS
3. Premium
The premium charge for this endorsement shall be 2.00 percent of the premium developed on payroll in
connection with work performed for the above person(s) or organization(s) arising out of the operations described.
4. Advance Premium INCLUDED , SEE INFORMATION PAGE .
This endorsement changes the policy to which it is attached effective on the inception date of the policy unless a different date is indicated below.
i The following "attaching clause" need be completed only .vhen this endorsement is issued subsequent to preparation of the policy.)
This endorsement, effective on 12~31~~ at 12:01 A M. standard time, forms a part of
Policy PJo. TSF-000 1 139713 ," 123 ~ of the Texas Mutual Insurance Company
Issued to MAL EK I NC
/ Endorsement No.
Premi~..im 3 ~ /,~
Y ______
Authorized Representative
WC420304A (ED. 1-Ot-2000)
AGENT'S COPY JGRODELA 12-26-2007